Hatchard v. Mege

(1887) 18 Q.B.D. 771 (1887)

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Hatchard v. Mege

England and Wales High Court of Justice
(1887) 18 Q.B.D. 771 (1887)

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Facts

A wine merchant (plaintiff) imported Delmonico brand champagne into England from France. Messrs. Delback & Co. (Delback) (defendant) published a notice saying that the champagne sold by the wine merchant was not authentic Delmonico brand champagne and that the wine merchant was fraudulently using the trademark. The wine merchant filed suit for libel against Delback. At the end of the trial court proceedings, the wine merchant died. The court ordered that the case continue, with the executrix of the wine merchant’s estate taking over as the plaintiff. The court then entered a nonsuit on the grounds that the plaintiff’s claims had ended when the original plaintiff died. The executrix appealed.

Rule of Law

Issue

Holding and Reasoning (Day, J.)

Concurrence (Willis, J.)

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