A. B. Dick Co. v. Henry

U.S. Circuit Court for the District of Southern New York

A. B. Dick Co. v. Henry

105 F. 1006, 1900 U.S. App. LEXIS 4917

U.S. Circuit Court for the District of Southern New York·Decided November 16, 1900·Published

Opinion

LACOMBE, Circuit Judge.

The defendant concedes that he has made the sales of infringing paper. He is a persistent infringer, who has heretofore been treated with great leniency. In June, 1897, he was found guilty of disobeying the injunction; but upon his claim that he “acted innocently, without an intention of disobeying the court,” sentence was suspended. In July, 1898, he was again found guilty of the same offense; his only preferred excuse being that his circumstances were such that he found it difficult to make a living. The court inflicted a merely nominal penalty (2 days’ imprisonment) and discharged him, with the admonition that he must not expert to make a living by appropriating other persons’ property. He is at the t.ai again, convicted of a fresh act of willful disobedience, and his punishment must be sufficiently severe to insure from him for the future a greater measure of respect for the decrees of the court. He is committed for 60 days.

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LACOMBE, Circuit Judge.

The defendant concedes that he has made the sales of infringing paper. He is a persistent infringer, who has heretofore been treated with great leniency. In June, 1897, he was found guilty of disobeying the injunction; but upon his claim that he “acted innocently, without an intention of disobeying the court,” sentence was suspended. In July, 1898, he was again found guilty of the same offense; his only preferred excuse being that his circumstances were such that he found it difficult to make a living. The court inflicted a merely nominal penalty (2 days’ imprisonment) and discharged him, with the admonition that he must not expert to make a living by appropriating other persons’ property. He is at the t.ai again, convicted of a fresh act of willful disobedience, and his punishment must be sufficiently severe to insure from him for the future a greater measure of respect for the decrees of the court. He is committed for 60 days.

A. B. Dick Co. v. Henry, 105 F. 1006, 1900 U.S. App. LEXIS 4917 (circtsdny 1900).

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