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Baumann v. de Logerot

81 N.Y. Sup. Ct. 640 Court N.Y. Gen. Term English

Judges Present — Yan Brunt, P. J., O’Brien and Follett, JJ.

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p. 640
Ludwig Baumann, Respondent, v. Richard de Logerot and Others, Appellants.

Appeal from order granting judgment upon demurrer as frivolous and from the judgment entered thereon. — Judgment and order affirmed, with costs. —

We are of the opinion that the order and judgment appealed from should be affirmed, with costs. Even if the plaintiff has by the use of the film name of “ Baumann Bros.” violated the provisions of section 364 of the Penal Code, and of the Laws of 1833, which we do not decide, he has not thereby become an outlaw and lost all civil rights. Judgment and order affirmed, with costs.

Present — Yan Brunt, P. J., O’Brien and Follett, JJ.