Legal Opinion

Industrial Mutual Deposit Co. v. Central Mutual Deposit Co.

Court of Appeals of Kentucky

Decided March 7, 1902PublishedCited by 8 opinions

Cáse 112. — Action foe an Injunction. — APPEAL FROM FAYETTE CIRCUIT COURT. Judgment foe; Defendant and Plaintiff Appeals. The appellant sought by tbe remedy of injunction, in the lower court, protection in tbe use of its corporate nalme, and tbe prevention of injury to its business. The remedy sought was refused, the court holding, on demurrer that the facts stated in the petition did not authorize the remedy invoked.

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Cáse 112. — Action foe an Injunction. — APPEAL FROM FAYETTE CIRCUIT COURT. Judgment foe; Defendant and Plaintiff Appeals. The appellant sought by tbe remedy of injunction, in the lower court, protection in tbe use of its corporate nalme, and tbe prevention of injury to its business. The remedy sought was refused, the court holding, on demurrer that the facts stated in the petition did not authorize the remedy invoked. The facts alleged are as follows: Both parties are corporations, the-appellant was incorporated May 7, 1900, and appellee in January, 1901. The business in which each is engaged…

1Opinion of the Court

Opinion of the court by

JUDGE HOBSON

Affirming.

Appellant, the Industrial Mutual Deposit Company, filed this suit in the Fayette circuit court to obtain an injunction protecting it in the use of its corporate name, and preventing injury to its business. The court sustained a deinurrer to the petition, and dismissed the action. The petition set forth these facts: The plaintiff, the- Industrial Mutual Deposit Company, was incorporated on May 7, 1900. The defendant, the Central Mutual Deposit Company, was incorporated in January, 1901. The articles of incorporation of both are similar. The business…

2Cases cited3 opinions

  1. Canal Co. v. ClarkSupreme Court of the United States · 1872
  2. Goodyear's India Rubber Glove Manufacturing Co. v. Goodyear Rubber Co.Supreme Court of the United States · 1888
  3. Avery & Sons v. Meikle & Co.Court of Appeals of Kentucky · 1883

3Cited by8 opinions

  1. Diamond Drill Contracting Co. v. International Diamond Drill Contracting Co.Washington Supreme Court · 1919
  2. U-Drive-It Co. v. Wright & TaylorCourt of Appeals of Kentucky (pre-1976) · 1937
  3. Industrial Investment Co. v. MitchellSupreme Court of Georgia · 1927
  4. Senner v. Bank of DouglasArizona Supreme Court · 1960
  5. Travelers Insurance Machine v. Travelers InsuranceCourt of Appeals of Kentucky · 1911

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