Fisk v. Fisk, Clark & Flagg
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Almira G. Fisk and another, as administrators, etc., of Henry G. Fisk, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 7th day of July, 1902, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint.
1Opinion of the Court
O’Brien, J.:
The principal contention before us was presented to this court on the former appeal from the order denying the plaintiffs’ motion for a preliminary injunction, which order was affirmed in June, 1902, without opinion. Our view then was that the court at Special Term upon the motion for the injunction had correctly held that “ where all the partners entitled to use the firm name, die or retire and none of them has made any assignment or appointment of it, the right to such use dies with the last survivor and does not pass to his personal representatives.” (Fisk v. Fisk, Clark &…
2Cases cited2 opinions
- People ex rel. Stanton v. Tioga C. P.New York Supreme Court · 1837
- Fisk v. Fisk, Clark & FlaggNew York Supreme Court · 1902
3Cited by5 opinions
- Metropolitan Telephone & Telegraph Co. v. Metropolitan Telephone & Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Macfadden v. JenkinsNorth Dakota Supreme Court · 1918
- Slater v. SlaterAppellate Division of the Supreme Court of the State of New York · 1903
- Steinfeld v. National Shirt Waist Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Solomon v. BokAppellate Terms of the Supreme Court of New York · 1906