Legal Opinion
David B. Findlay, Inc. v. Findlay
New York Court of Appeals
Decided June 9, 1966PublishedCited by 22 opinions
1Opinion of the CourtKeating, J.
When should a man’s right to use his own name in his business be limited? This is the question before us.
The individual plaintiff David B. Findlay (“David”) and the individual defendant Walstein C. Findlay (“Wally”) are brothers. The Findlay art business was founded in 1870 by their grandfather in Kansas City. Their father continued and expanded the business with a Chicago branch managed by Wally and a New York branch established and managed by David on East 57th Street. In 1936 the Kansas City gallery was closed and in 1938, after a dispute, the brothers separated. By agreement David, as…
2Cases cited3 opinions
- Chas. S. Higgins Co. v. Higgins Soap Co.New York Court of Appeals · 1895
- Meneely v. . MeneelyNew York Court of Appeals · 1875
- World's Dispensary Medical Ass'n v. PierceNew York Court of Appeals · 1911
3Cited by22 opinions
- Nifty Foods Corporation v. The Great Atlantic & Pacific Tea Company, Inc. And Pet IncorporatedCourt of Appeals for the Second Circuit · 1980
- Taylor Wine Company, Inc. v. Bully Hill Vineyards, Inc.Court of Appeals for the Second Circuit · 1978
- John R. Thompson Co., Doing Business as and Through Its Wholly Owned Subsidiaries Holloway House, Inc. v. Mrs. Lee Holloway, Sr.Court of Appeals for the Fifth Circuit · 1966
- Shaw v. Time-Life RecordsNew York Court of Appeals · 1975
- Holiday Inns, Inc. v. TrumpDistrict Court, D. New Jersey · 1985
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