Morgan v. Empire Rubber Mfg. Co.

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

Morgan v. Empire Rubber Mfg. Co.

94 F. 1022, 1899 U.S. App. LEXIS 3120

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

DecidedJune 26, 1899

StatusPublished

This text of 94 F. 1022 (Morgan v. Empire Rubber Mfg. Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Morgan v. Empire Rubber Mfg. Co., 94 F. 1022, 1899 U.S. App. LEXIS 3120 (circtsdny 1899).

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Opinion

LACOMBE, Circuit Judge.

Neither the decree nor the injunction contain any reservation to defendant of the right to sell any of the old stock on hand. Upon the record, then, defendant is guilty of contempt. It is contended in its behalf that there was at the time of the entry of the decree some verbal agreement to allow it to dispose of the few infringing articles it1 then possessed. This contention is disputed, but apparently defendant’s officers believed such agreement was made. A nominal fine of $25 seems sufficient penalty, under these circumstances, for disobedience of the injunction.

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LACOMBE, Circuit Judge.

Neither the decree nor the injunction contain any reservation to defendant of the right to sell any of the old stock on hand. Upon the record, then, defendant is guilty of contempt. It is contended in its behalf that there was at the time of the entry of the decree some verbal agreement to allow it to dispose of the few infringing articles it1 then possessed. This contention is disputed, but apparently defendant’s officers believed such agreement was made. A nominal fine of $25 seems sufficient penalty, under these circumstances, for disobedience of the injunction.

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Bluebook (online)

94 F. 1022, 1899 U.S. App. LEXIS 3120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-empire-rubber-mfg-co-circtsdny-1899.