Burt v. Smith, 203 U.S. 129 (1906)

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Burt v. Smith

No. 67

Argued October 29, 1906
Decided November 12, 1906
203 U.S. 129

ERROR TO THE COURT OF APPEALS

OF THE STATE OF NEW YORK

Syllabus

A mistaken view of the law may constitute probable cause in some instances -- probable cause does mean sufficient cause -- so held as to a suit for infringement of registered trademark.

Although the opinion of the highest court of a state may be resorted to for the purpose of showing that the court actually dealt with a federal question presented by the record, or that a right asserted in general terms was maintained and dealt with on federal grounds, where the record discloses no federal question until the assignment of errors in this Court, it comes too late, and the writ will be dismissed.

Writ of error to review 181 N.Y. 1 dismissed.

The facts are stated in the opinion.