Legal Opinion

Dover Stamping Co. v. Fellows

Massachusetts Supreme Judicial Court

Decided March 1, 1895PublishedCited by 13 opinions

Bill in equity, filed May 11, 1891, to restrain the use of the name “Dover” as applied to egg-beaters. Hearing before Holmes, J., who, at the request of both parties, reserved the case for the consideration of the full court, such decree to be entered as law and justice might require. The facts appear in the opinion.

1Opinion of the CourtAllen, J.

This case comes up on a report of the evidence, without any findings of the facts. We have therefore in the first place to determine and state the material facts shown by the evidence, and then to determine the rules of law applicable to the facts.

In 1857 a partnership or company was established under the name of the Dover Stamping Company, which in 1871 was organized as a corporation under the laws of this Commonwealth, having its usual place of business in Boston and its factory in Cambridge. This company, both before and after its organization as a corporation, may for convenience be…

2Cases cited8 opinions

  1. Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
  2. Chadwick v. CovellMassachusetts Supreme Judicial Court · 1890
  3. Russia Cement Co. v. LePageMassachusetts Supreme Judicial Court · 1888
  4. Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877
  5. American Order of Scottish Clans v. MerrillMassachusetts Supreme Judicial Court · 1890

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3Cited by13 opinions

  1. Flagg Manufacturing Co. v. HolwayMassachusetts Supreme Judicial Court · 1901
  2. Nashville, C. & St. L. Ry. Co. v. McConnellU.S. Circuit Court for the District of Middle Tennessee · 1897
  3. Rathbone, Sard & Co. v. Champion Steed Range Co.Court of Appeals for the Sixth Circuit · 1911
  4. Saunders System Atlanta Co. v. Drive It Yourself Co.Supreme Court of Georgia · 1924
  5. Marshall Engine Co. v. New Marshall Engine Co.Massachusetts Supreme Judicial Court · 1909

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