Cutter v. Gudebrod Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff," John D. Cutter, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Kings on. the 18th day of August, 1898f upon the decision of the court rendered after a trial at the Kings County Special Term restraining the plaintiff from using certain trade names.
1Opinion of the Court
Woodward, J.:
It is clear, upon every equitable consideration, that the judg» ment restraining the plaintiff from the use of his own name, or the initials of his own name, in the transaction of the business incident to the manufacture and sale of spool silks, cannot be sustained. If can never be the policy of the law to deprive the citizen of the'' ¡lower to make use of his good name and reputation in the conduct of any legitimate business, and courts-of equity will not presume anything in favor of the person demanding such relief. . The plain» tiff in this action has spent the best years of…
2Cases cited15 opinions
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
- Meneely v. . MeneelyNew York Court of Appeals · 1875
- Russia Cement Co. v. LePageMassachusetts Supreme Judicial Court · 1888
- Hoxie v. ChaneyMassachusetts Supreme Judicial Court · 1887
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3Cited by5 opinions
- Masters v. BrooksAppellate Division of the Supreme Court of the State of New York · 1909
- Pfaudler v. Pfaudler Co.New York Supreme Court · 1921
- Buffalo Oyster Co. v. NennoNew York Supreme Court · 1928
- Cutter v. Gudebrod Bros.Appellate Division of the Supreme Court of the State of New York · 1899
- MacDonald v. Bernheimer & Schwartz Pilsener Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1917