X-Ray Stove Polish Company, Appellant, v. G. Wells Walsh, Respondent

192 N.Y. 578·New York Court of Appeals·1908·NY

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Opinion

X-Ray Stove Polish Company, Appellant, v. G. Wells Walsh, Respondent. X-Ray Stove Polish Co. v. Walsh 114 App. Div. 901, affirmed. (Argued May 27, 1908, decided June 12, 1908.) Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 20, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term in an action for an injunction to restrain an alleged infringement of the plaintiff’s trade mark. Frederick S. Duncan and William H. Thitchener for appellant. Ernest G. Stevens for respondent. [MAJORITY] Judgment affirmed, with costs; no opinion. Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Willard Bartlett and Chase, JJ.