General
A. B. DICK CO. v. HENRY
105 F. 1006·United States Circuit Court for the Southern District of New York·1900
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Opinion
A. B. DICK CO. v. HENRY.
(Circuit Court, S. D. New York.
November 16, 1900.)
On Motion to Punish for Contempt for Disobedience of Injunction. For former opinions, see 75 Fed. 388, and 88 Fed. 80. S. O. Edmonds, for the motioh. Sidney Henry, opposed. *
[MAJORITY — LACOMBE, Circuit Judge.]
LACOMBE, Circuit Judge.
The defendant concedes that he has made the sales of infringing paper. He is a persistent infringer, who has heretofore been treated with great leniency. In June, 1897, he was found guilty of disobeying the injunction; but upon his claim that he “acted innocently, without an intention of disobeying the court,” sentence was suspended. In July, 1898, he was again found guilty of the same offense; his only preferred excuse being that his circumstances were such that he found it difficult to make a living. The court inflicted a merely nominal penalty (2 days’ imprisonment) and discharged him, with the admonition that he must not expert to make a living by appropriating other persons’ property. He is at the t.ai again, convicted of a fresh act of willful disobedience, and his punishment must be sufficiently severe to insure from him for the future a greater measure of respect for the decrees of the court. He is committed for 60 days.