Eagle Oil Co. of New York v. Vacuum Oil Co., 14.

CourtU.S. Court of Appeals — Third Circuit
Citation162 F. 671
Decision Date18 June 1908
PartiesEAGLE OIL CO. OF NEW YORK et al. v. VACUUM OIL CO.
Docket Number14.

162 F. 671

EAGLE OIL CO. OF NEW YORK et al.
v.
VACUUM OIL CO.

No. 14.

United States Court of Appeals, Third Circuit.

June 18, 1908


Eugene Mackey, for appellants.

C. Schuyler Davis and Edmund Wetmore, for appellee.

Before DALLAS, GRAY, and BUFFINGTON, Circuit Judges.

DALLAS, Circuit Judge.

The appellee was plaintiff and the appellants were defendants in a suit in equity for alleged infringement of trade-marks and unfair competition. The bills, original and supplemental, alleged the adoption, use and registration by the complainant of certain words, which it charged the defendants with having applied to goods of the Eagle Oil Company, fraudulently and in violation of complainant's rights, by branding goods of that company with the complainant's trade-marks in this country, and selling the same in this country, by placing said brands upon its goods in this [162 F. 672] country and selling the goods so branded in foreign markets, and by exporting its goods from this country with the intention of selling them under said brands in foreign countries and actually selling them in the foreign market under said brands.

The Eagle Oil Company and F. W. Hastings, Jr., 'as secretary and treasurer and a director of said corporation, and individually,' filed a joint plea and answer, and the defendant George F. Von Krogh, as a director and individually, filed a separate but substantially identical plea and answer. The first-mentioned plea is copied in the margin. [1] It was interposed, as will be observed, 'to all the relief and discovery sought by the said bills, both original and supplemental, except only so much thereof as prays for relief against and discovery of all acts and deeds of these defendants done in these United States'; it was pleaded 'in bar of all relief and discovery sought in said bills of complaint against or for [162 F. 673] all acts and deeds of these defendants or their agents or officers, alleged to have been done in some foreign country or nation'; and it alleged and averred 'that such acts or deeds, if performed or done at all, * * * were wholly done or performed without the borders or boundaries of these United States, and wholly within the borders and boundaries of some foreign country or nation, and that of such acts and deeds only the courts of such foreign country or nation, and not this court, or any court within these United States, has jurisdiction.'

This plea was connectedly followed by an answer to so much of the original bill as the plea did not cover, in which the charges of wrongful acts committed by the defendants in this country were denied. In June, 1903, the plea was set down to be argued, and, after hearing, was 'allowed, with liberty to the complainant to take issue thereon. ' In November, 1904, the sufficiency of the answer was in the main...

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5 practice notes
  • Vanity Fair Mills v. T. Eaton Co., No. 251
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • June 1, 1956
    ...have ignored these conflict-of-laws principles. In Vacuum Oil Co. v. Eagle Oil Co., C.C.N.J. 1907, 154 F. 867, affirmed 3 Cir., 1908, 162 F. 671, certiorari denied 214 U.S. 515, 29 S.Ct. 696, 53 L.Ed. 1063, and Morris v. Altstedter, 1916, 93 Misc. 329, 156 N.Y.S. 1103, the courts presumed t......
  • Steele v. Bulova Watch Co, No. 38
    • United States
    • United States Supreme Court
    • December 22, 1952
    ...Hecker H-O Co. v. Holland Food Corp., 2 Cir., 1929, 36 F.2d 767; Vacuum Oil Co. v. Eagle Oil Co., C.C.1907, 154 F. 867, affirmed, C.C.1908, 162 F. 671. Cf. Morris v. Altstedter, 93 Misc. 329, 156 N.Y.S. 1103, affirmed, 1916, 173 App.Div. 932, 158 N.Y.S. 1123. Even when most jealously read, ......
  • Reilly v. Selectmen of Blackstone
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • March 27, 1929
    ...v. St. Louis Union Trust Co., 260 Ill. 364, 368, 103 N. E. 190; Vacuum Oil Co. v. Eagle Oil Co. c. c.) 154 f./ 867, 869, affirmed in 162 F. 671, 89 C. C. A. 463. The burden of proof rests upon the party who has the affirmative of the issue. The affirmative issue resting upon the plaintiffs ......
  • George W. Luft Co. v. Zande Cosmetic Co., No. 155.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • May 9, 1944
    ...of an affirmative answer the plaintiff relies upon two cases, Vacuum Oil Co. v. Eagle Oil Co., C.C.N.J., 154 F. 867, affirmed 3 Cir., 162 F. 671, certiorari denied 214 U.S. 515, 29 S.Ct. 696, 53 L.Ed. 1063, and Hecker H-O Co. v. Holland Food Corp., 2 Cir., 36 F.2d 767. In the Vacuum Oil cas......
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5 cases
  • Vanity Fair Mills v. T. Eaton Co., No. 251
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • June 1, 1956
    ...have ignored these conflict-of-laws principles. In Vacuum Oil Co. v. Eagle Oil Co., C.C.N.J. 1907, 154 F. 867, affirmed 3 Cir., 1908, 162 F. 671, certiorari denied 214 U.S. 515, 29 S.Ct. 696, 53 L.Ed. 1063, and Morris v. Altstedter, 1916, 93 Misc. 329, 156 N.Y.S. 1103, the courts presumed t......
  • Steele v. Bulova Watch Co, No. 38
    • United States
    • United States Supreme Court
    • December 22, 1952
    ...Hecker H-O Co. v. Holland Food Corp., 2 Cir., 1929, 36 F.2d 767; Vacuum Oil Co. v. Eagle Oil Co., C.C.1907, 154 F. 867, affirmed, C.C.1908, 162 F. 671. Cf. Morris v. Altstedter, 93 Misc. 329, 156 N.Y.S. 1103, affirmed, 1916, 173 App.Div. 932, 158 N.Y.S. 1123. Even when most jealously read, ......
  • Reilly v. Selectmen of Blackstone
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • March 27, 1929
    ...v. St. Louis Union Trust Co., 260 Ill. 364, 368, 103 N. E. 190; Vacuum Oil Co. v. Eagle Oil Co. c. c.) 154 f./ 867, 869, affirmed in 162 F. 671, 89 C. C. A. 463. The burden of proof rests upon the party who has the affirmative of the issue. The affirmative issue resting upon the plaintiffs ......
  • George W. Luft Co. v. Zande Cosmetic Co., No. 155.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • May 9, 1944
    ...of an affirmative answer the plaintiff relies upon two cases, Vacuum Oil Co. v. Eagle Oil Co., C.C.N.J., 154 F. 867, affirmed 3 Cir., 162 F. 671, certiorari denied 214 U.S. 515, 29 S.Ct. 696, 53 L.Ed. 1063, and Hecker H-O Co. v. Holland Food Corp., 2 Cir., 36 F.2d 767. In the Vacuum Oil cas......
  • Request a trial to view additional results

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