Jenner v. . Shope
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 28, 1910, which reversed a determination of the Appellate Term affirming a judgment of the Municipal Court of the city of New York in favor of plaintiff and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 28, 1910, which reversed a determination of the Appellate Term affirming a judgment of the Municipal Court of the city of New York in favor of plaintiff and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant may make legal use of the name “ Jenner & Company ” under the contract in question, and his promise to pay therefor is supported by a valid consideration. (Rosenheim v. Rosenfield, 13 N.…
1Opinion of the Court
Cullen, Ch. J.
The plaintiff, widow and administratrix of William J. Jenner, sued the defendant on a written agreement by which the plaintiff assumed to transfer to the defendant the right and privilege of using the name of “Jenner & Company” theretofore used by William J. Jenner, the plaintiff’s intestate, in consideration whereof the defendant agreed to make certain payments in which he had made default. The defendant, in answer to the claim, alleged that the use by the deceased of the name of “Jenner & Company” was illegal, because the deceased had had no actual partner, that for this…
2Cases cited2 opinions
- Wylde v. Northern Railroad Co. of New JerseyNew York Court of Appeals · 1873
- Potter v. DeyoNew York Supreme Court · 1838
3Cited by8 opinions
- Talich v. MarvelNebraska Supreme Court · 1927
- Grand Central Art Galleries, Inc. v. MilsteinAppellate Division of the Supreme Court of the State of New York · 1982
- Coplay Cement Manufacturing Co. v. LoebNew York Supreme Court · 1925
- Haas v. Leo Feist, Inc.District Court, S.D. New York · 1916
- Jenner v. ShopeAppellate Terms of the Supreme Court of New York · 1912
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