Howe v. Searing
The Superior Court of New York City
Appeal from a judgment at special term. The action was brought by the plaintiff, a baker by trade, to restrain the defendant from designating the bakery establishment kept by him at Ho. 432 Broadway, in the city of Hew York, as “ Howe’s Bakery,” and from otherwise using the name of Howe in the business, so as to induce the public to believe that the business carried on at 432 Broadway was conducted by the plaintiff.
Read the full summary
Appeal from a judgment at special term. The action was brought by the plaintiff, a baker by trade, to restrain the defendant from designating the bakery establishment kept by him at Ho. 432 Broadway, in the city of Hew York, as “ Howe’s Bakery,” and from otherwise using the name of Howe in the business, so as to induce the public to believe that the business carried on at 432 Broadway was conducted by the plaintiff. Upon the trial at special-term, it was proved that about eight years ago the plaintiff was carrying on this business at 432 Broadway, and had done a large and lucrative business…
1Opinion of the Court
By the Court.—Hoffman, J.
The first, and the most important question in the cause is, what right passed to Baker, under the sale and transfer to him, in January, 1852, of the leasehold premises, stock, and trade, with “ the good-will of the business of baking, now or heretofore carried on by me in the city of New York.”. The authorities referred to, do in general describe the goodwill of a trade “ as a probability that the old customers will resort to the old place.” Judge Story describes it as “ the advantage or benefit which is acquired by an establishment, beyond the mere value of the…
2Cited by6 opinions
- Glen & Hall Manufacturing Co. v. HallCommission of Appeals · 1874
- Burton v. StrattonU.S. Circuit Court for the District of Eastern Michigan · 1882
- Beste v. BurgerNew York Court of Common Pleas · 1885
- Barber v. Connecticut Mutual Life Ins.District Court, N.D. New York · 1883
- In re Ver Varen's EstateNew York Surrogate's Court · 1892
1 more not listed; retrieve them via the Exa API.