Meneely v. . Meneely
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiffs entered upon the report of a referee, and granting a new trial. (Reported below, 1 Hun, 673 ; 3 T. & C., 540.) This' action was brought to restrain defendants from using the name “ Meneely ” in the business of bell founding at Troy.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiffs entered upon the report of a referee, and granting a new trial. (Reported below, 1 Hun, 673 ; 3 T. & C., 540.) This' action was brought to restrain defendants from using the name “ Meneely ” in the business of bell founding at Troy. The facts, as found by the referee, are substantially as follows Andrew Meneely, the father of the plaintiffs and of the defendant Clinton H. Meneely, commenced the business of making and selling church and other bells in 1826,…
1Opinion of the CourtRapallo, J.
The injunction awarded by the decision of the referee restrained the defendants from in any way using the name and designation “ Meneely ” in the business of bell founding in the city of Troy. The name of one of the defendants is Meneely, and he was engaged in the business mentioned. The necessary consequence of the injunction was to compel the defendant Meneely either to discontinue his business of bell founding at Troy or procure it to be conducted in the name of some other person. He was absolutely prohibited from the use of his own name in his own business, in any way.
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2Cases cited3 opinions
- Clark v. ClarkNew York Supreme Court · 1857
- Meriden Britannia Co. v. ParkerSupreme Court of Connecticut · 1872
- Faber v. FaberNew York Supreme Court · 1867
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- Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Taylor Wine Company, Inc. v. Bully Hill Vineyards, Inc.Court of Appeals for the Second Circuit · 1978
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