Baumert Dairy Products, Inc. v. Borden Co.

Appellate Division of the Supreme Court of New York

Baumert Dairy Products, Inc. v. Borden Co.

245 A.D. 801

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 15, 1935

StatusPublished

This text of 245 A.D. 801 (Baumert Dairy Products, Inc. v. Borden Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baumert Dairy Products, Inc. v. Borden Co., 245 A.D. 801 (N.Y. Ct. App. 1935).

Pincite

Opinion

Order denying motion to dismiss reversed, with ten dollars costs and disbursements, and motion granted. Order of consolidation reversed, with ten dollars costs, and motion denied. Memorandum. An action for a declaratory judgment calls for the exercise of discretion on the part of the court to determine whether or not it should be entertained. The facts alleged in the complaint and the purpose of the action as alleged in the demand for judgment, being primarily to forestall an action for unfair competition threatened by the defendants F. X. Baumert & Co., Inc., and The Borden Company, are insufficient to warrant the court in entertaining the action. All concur. (The order consolidates two actions involving the right to use the name of plaintiff.) Present — Sears, P. J., Taylor, Edgcomb, Thompson and Crosby, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order denying motion to dismiss reversed, with ten dollars costs and disbursements, and motion granted. Order of consolidation reversed, with ten dollars costs, and motion denied. Memorandum. An action for a declaratory judgment calls for the exercise of discretion on the part of the court to determine whether or not it should be entertained. The facts alleged in the complaint and the purpose of the action as alleged in the demand for judgment, being primarily to forestall an action for unfair competition threatened by the defendants F. X. Baumert & Co., Inc., and The Borden Company, are insufficient to warrant the court in entertaining the action. All concur. (The order consolidates two actions involving the right to use the name of plaintiff.) Present — Sears, P. J., Taylor, Edgcomb, Thompson and Crosby, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

245 A.D. 801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baumert-dairy-products-inc-v-borden-co-nyappdiv-1935.