Barrett Chemical Co. v. Stern — 188 N.Y. 576

Majority

p. 576

Barrett Chemical Company, Appellant, v. Julius Stern, Respondent.

(Argued March 15, 1907;

decided April 2, 1907.)

Headnote

Barrett Chemical Co. v. Stern, 111 App. Div. 913 , affirmed. .

Appeal from a judgment of the Appellate Division of. the Supreme Court in the first judicial department,' entered February 2, 1906, affirming a judgment in favor of defendant

p. 577

entered upon a dismissal of the complaint by the court on erial at Special Term in an action to restrain the defendant from using certain words in the sale or advertisement of a certain manufactured product as an infringement of plaintiff’s trade mark.

William S. Beaman for appellant.

Arthur Furber for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Yann, Werner, Willard Bartlett, IIiscock and Chase, JJ.