Clark-Johnson Medicine Co. v. Olmsted — 192 N.Y. 560

Majority

p. 560

Clark-Johnson Medicine Company, Appellant, v. Allen S. Olmsted, Respondent.

Headnote

Clark-Johnson Medicine Co. v. Olmsted, 119 App Div. 867 , affirmed.

(Argued April 23, 1908;

decided May 19, 1908.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May

p. 561

9, 1907, 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 to restrain an alleged infringement of a trade mark and for an accounting.

Charles J. McDermott and James W. McDermott for appellant.

Edmund Wetmore and Edward P. White for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Vann, Werner, Willard Bartlett, Hiscock and Chase, JJ.