Stonebraker v. Stonebraker

Brent, J., delivered the opinion of the Court. When this case Avas before us upon a former appeal, it was very fully and carefully examined. We then arrived at the conclusion, that the decree of the Court beloAV Avas correct, except in so far as it required an account for medicines “ manufactured or sold.” We designed to restrict the accounting to such medicines as Avere manufactured and sold under the trade-marks of Henry Stonebraker or the imitations of them, after the dissolution of the firm of Stonebraker, Hoffman & ⁴⁴⁸ Co., on the 10th day of December, 1866. The purpose and meaning of the Court was to exclude such medicines as might have been manufactured, but had not been sold, and also to exclude all medicines on hand at the time the firm was dissolved.

Hoffman and Samuel Stonebraker had an undoubted right, under the terms of dissolution, to sell and transfer, with the trade-marks and certificates, any medicines on hand at the time of the dissolution of the firm of Stonebraker, Hoffman & Co. The sale of such medicines was in accordance with their contract, and if they had done nothing more than make the sale to Passano & Clotworthy, there could have been no decree against them. But the evidence so connected them with the subsequent acts of their vendees, that we were satisfied, as was the Court below, that the sale was made by them with the intent and for the purpose of enabling Passano & Clotworthy to manufacture and sell medicines under the trademarks of Henry Stonebraker. It was therefore that we found no error in that part of the original decree, in which it is set out that the sale was made to Passano & Clotworthy with that intent and for that purpose. We also believed that they had so connected themselves by their acts and declarations with the subsequent manufacture and sale of medicines under the prohibited trade-marks, as to make them equally responsible with their co-defendants for such sales, and as the record did not