Ferber Corp. v. Northern Indus. Products, Inc.

Full title: FERBER CORPORATION, PLAINTIFF-APPELLANT, v. NORTHERN INDUSTRIAL PRODUCTS…

Court: Superior Court of New Jersey, Appellate Division

Date published: Mar 17, 1952

18 N.J. Super. 493 (App. Div. 1952)

87 A.2d 549

Opinion

Argued March 10, 1952 —

Decided March 17, 1952.

Appeal from Superior Court, Chancery Division.

Before Judges McGEEHAN, JAYNE and WM. J. BRENNAN, JR.

Mr. William R. Morrison argued the cause for appellant ( Messrs. Morrison, Lloyd Griggs, attorneys).

Mr. Jacob Schneider argued the cause for respondents ( Messrs. Schneider Schneider, attorneys).

PER CURIAM.

Plaintiff's complaint was dismissed after trial in the Chancery Division. The trial judge resolved that the evidence was insufficient in its probative force to establish plaintiff's allegations that defendants wrongfully copied plaintiff's unpatented ball point pen and fraudulently palmed off their product upon jobbers and the public as plaintiff's product. We are in accord with his conclusion. Since the only ground urged upon the appeal is that the trial judge erred in reaching this conclusion, the judgment will stand affirmed.