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Eastman Kodak Co. v. Gennert

140 N.Y.S. 1117 Court N.Y. App. Div. Decision date 1913-03-12 English

Decision Majority — PER CURIAM. · Dissent — McLENNAN, P. J.,

Contents
p. 1117
EASTMAN KODAK CO., Respondent, v. GENNERT et al., Appellants.
(Supreme Court, Appellate Division, Fourth Department.
March 12, 1913.)

Headnote

Action by the Eastman Kodak Company against Maurice Gottlieb Gennert and others.

Judgment modified as to the appealing defendants, by eliminating therefrom the provision, “And from putting out, selling, distributing, giving away, or offering for sale, as ‘Kodak Acid Fixing Powder,’ any acid fixing powder other than that put upon the market by the plaintiff, Eastman Kodak Company, in plaintiff’s cartons,” and, as thus modified, affirmed, without costs of this appeal to either party. See, also, 145 App. Div. 903 , 904, 129 N. Y. Supp. 1120 . Reargument denied, 140 N. Y. Supp. 1117.

dissents, and votes for affirmance. FOOTE, J., not sitting.