Rosenberg v. Adelson
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on January 29, 1919, to restrain the defendant from carrying on a business competing with that of the plaintiff. In the Superior Court, the suit was heard by Fox, J., a commissioner having been appointed under Equity Rule 35 to take the testimony. Material evidence and facts found by the judge are described in the opinion.
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Bill in equity, filed in the Superior Court on January 29, 1919, to restrain the defendant from carrying on a business competing with that of the plaintiff. In the Superior Court, the suit was heard by Fox, J., a commissioner having been appointed under Equity Rule 35 to take the testimony. Material evidence and facts found by the judge are described in the opinion. By order of the judge, a final decree was entered ordering, adjudging and decreeing “that the defendant, Philip Adelson, be restrained by the permanent order and injunction of this court from working in any capacity, whether as…
1Opinion of the CourtDe Courcy, J.
For some years previous to May 31,1918, the defendant conducted a store at 457 Massachusetts Avenue in Cambridge, under the name “Phil, the Outfitter”; and before that, with his brother, under the title “Phil & Eddie.” On said date, having enlisted in the Navy, he sold out to Levenson and Hurwitz, the bill of sale embracing “All the goods, stock, merchandise, fixtures, including awning in front of store, contained in store, occupied by me at No. 457 Massachusetts Avenue, in said Cambridge, together with the good will of the business therein carried.” Three days later the plaintiff, who also…
2Cases cited1 opinion
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