Caswell v. . Hazard
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made December 23, 1888, which reversed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought by plaintiffs as survivors of the firm of Caswell, Massey & Co., to restrain defendants from using the name “ Caswell ” in their business. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made December 23, 1888, which reversed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought by plaintiffs as survivors of the firm of Caswell, Massey & Co., to restrain defendants from using the name “ Caswell ” in their business. The facts, so far as material, are stated in the opinion. The reversal by the General Term of the judgment of the Special Term upon the facts of this case was erroneous. (Crane v. Baudouine, 55 N. Y. 256,…
1Opinion of the Court
Ruger, Ch. J.
We think the case of Haza/rd v. OasweÜ, (93 FT. Y. 259) is a controlling authority on this appeal upon the question of the respective rights of the plaintiff Caswell and the defendant Eowland FT. Hazard in the use of the name of “Caswell” as a trade-mark, in a business carried on by either of them. It was there held, upon the dissolution of a firm, having established trade-marks and a good will, which had not been disposed of or transferred upon such dissolution, that such assets remained the property of the individual members and could lawfully be employed thereafter by either…
2Cases cited2 opinions
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Devlin v. . DevlinNew York Court of Appeals · 1877
3Cited by26 opinions
- In Re the Accounting of BrownNew York Court of Appeals · 1926
- Snyder Manufacturing Co. v. SnyderOhio Supreme Court · 1896
- Bank of China, Japan & the Straits, Ltd. v. MorseNew York Court of Appeals · 1901
- Gignilliat v. Gignilliat, Savitz & Bettis, L.L.P.Supreme Court of South Carolina · 2009
- Mendelsohn v. Equitable Life Assurance SocietyNew York Supreme Court · 1942
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