Kelly v. Morrison
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on May 6, 1918, by the administrators de bonis non with the will annexed of the estate of Thomas Kelly, late of Boston, against one who was a partner of the plaintiff’s testator at the time of his death, praying that the defendant be restrained by injunction from» using in his business the name of the plaintiff’s testator, and for an accounting; and another Bill in equity, filed in the Superior Court on the same day, by persons…
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Bill in equity, filed in the Superior Court on May 6, 1918, by the administrators de bonis non with the will annexed of the estate of Thomas Kelly, late of Boston, against one who was a partner of the plaintiff’s testator at the time of his death, praying that the defendant be restrained by injunction from» using in his business the name of the plaintiff’s testator, and for an accounting; and another Bill in equity, filed in the Superior Court on the same day, by persons who, after the death of Thomas Kelly, were with the defendant the members of a partnership doing business under the firm…
1Opinion of the CourtPierce, J.
These cases were argued together and may be disposed of by a single opinion. In each case the plaintiffs seek to enjoin the defendant from the use of the name Thomas Kelly in connection with his business in the cities of Boston, New York and Chicago. The cases are before this court on report.
The agreed facts applicable to both cases are, in substance, as follows: On December 1, 1892, the defendant Morrison became a partner with Thomas Kelly and one Maguire, under the name of Thomas Kelly and Company. Kelly died in 1893. Maguire and Morrison continued- the business under the same firm name…
2Cases cited3 opinions
- Menendez v. HoltSupreme Court of the United States · 1888
- Nichols v. VaughanMassachusetts Supreme Judicial Court · 1914
- Lodge v. WeldMassachusetts Supreme Judicial Court · 1885
3Cited by7 opinions
- Dolan v. CommonwealthMassachusetts Supreme Judicial Court · 1939
- Malloy v. NewmanMassachusetts Supreme Judicial Court · 1941
- Commonwealth v. BenoitMassachusetts Supreme Judicial Court · 1963
- Hertrais v. MooreMassachusetts Supreme Judicial Court · 1949
- Thompson v. SpagnuoloMassachusetts Supreme Judicial Court · 1942
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