Dr. David Kennedy Corp. v. Kennedy
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by the Dr. David Kennedy Corporation against David Kennedy. From a judgment dismissing the complaint on the merits, with costs, and from an order granting an extra allowance, plaintiff appeals. The referee found: First.
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Appeal from judgment on report of referee. Action by the Dr. David Kennedy Corporation against David Kennedy. From a judgment dismissing the complaint on the merits, with costs, and from an order granting an extra allowance, plaintiff appeals. The referee found: First. This action is brought to obtain judgment that the plaintiff has the sole, only, and absolute right to use the name or address “Dr. David Kennecly, Rondout, N. Y.,” and “Dr. D. Kennedy, Rondout, N. Y.,” as a form of address to it, and that the plaintiff has a right to first receive and open all letters and other mail matter so…
1Opinion of the CourtLandon, J.
The evidence shows that much the greater part of the numerous letters addressed “Dr. David Kennedy, Rondout, N. Y.,” or “Dr. D. Kennedy, Rondout, N. Y.are letters “in connection with the manufacture of the proprietary medicines,” which, with the entire business connected therewith and the good will, the defendant, for a valuable consideration, sold to the plaintiff. The bill of sale given by the defendant to the plaintiff in 1890 contains this clause:
“Also, ‘the good will’ of the business of Dr. David Kennedy now carried on by me at Rondout, N. Y., with the sole and absolute and only right to…
2Cases cited7 opinions
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Clark v. . DevoeNew York Court of Appeals · 1891
- Trustees of the Freeholders & Commonalty v. SmithNew York Court of Appeals · 1890
- Russia Cement Co. v. LePageMassachusetts Supreme Judicial Court · 1888
- Blackman v. . StrikerNew York Court of Appeals · 1894
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