Morgan v. . Schuyler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, denying a motion for a new trial, and affirming an interlocutory judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to restrain defendant from using the name of plaintiff upon signs, circulars or advertisements, or from declaring himself to be the successor of the late firm of Morgan & Schuyler.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, denying a motion for a new trial, and affirming an interlocutory judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to restrain defendant from using the name of plaintiff upon signs, circulars or advertisements, or from declaring himself to be the successor of the late firm of Morgan & Schuyler. Prior to October 3,1876, the parties were partners, as dentists, carrying on the business of dentistry under the firm name of “ Morgan &…
1Opinion of the CourtDaneoktk, J.
There was nothing in the former relations of the parties, or the express terms of the agreement of dissolution which gave to either one the good will of the business theretofore conducted by them under the firm name' of “ Morgan & Schuyler, ” nor was either in any way restrained from continuing the practice of his profession on his own account in any place. Yet the defendant became the equitable assignee of the unexpired term of the lease under which the firm held its place of business, and the sole owner of certain partnership property and fixtures. He thereby acquired an advantage over the…
2Cited by15 opinions
- Spaulding v. BenenatiNew York Court of Appeals · 1982
- In re Proving the Last Will & Testament of LathamAppellate Division of the Supreme Court of the State of New York · 1911
- Bailly v. BettiNew York Court of Appeals · 1925
- Smith v. WalkerMichigan Supreme Court · 1885
- In re the Judicial Settlement of the Account of RandellNew York Surrogate's Court · 1889
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