Legal Opinion

Chamberlain v. Hemingway

Supreme Court of Connecticut

Decided December 5, 1921PublishedCited by 2 opinions

Action to restrain infringement of property-rights in information contained in business records, and for an account, brought to and tried by the Superior Court in New Haven County, Webb, Jfacts found and judgment rendered for the defendant, from which plaintiff appealed. It appears from the finding that the plaintiff and defendant were formerly partners in the transaction of a general insurance business in the city of New Haven.

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Action to restrain infringement of property-rights in information contained in business records, and for an account, brought to and tried by the Superior Court in New Haven County, Webb, Jfacts found and judgment rendered for the defendant, from which plaintiff appealed. It appears from the finding that the plaintiff and defendant were formerly partners in the transaction of a general insurance business in the city of New Haven. During its existence the firm was appointed agent of a number of fire insurance companies, and also purchased the business and records of another insurance agency…

1Opinion of the CourtBeach, J.

By the express order of the court, the receiver who wound up the affairs of the firm of Chamberlain & Hemingway did not include any supposed good-will of the business among the assets sold. It is therefore conceded, independently of the rule announced in Cottrell v. Babcock P. P. Mfg. Co., 54 Conn. 122, 6 Atl. 791, that the defendant was left free to solicit for himself the business of former customers of the firm. It seems to us to follow that the defendant had a right to make and use a list of such customers; and the finding indicates that such was the belief of the parties a¡fc the time of…

2Cases cited2 opinions

  1. Cottrell v. Babcock Printing Press Manufacturing Co.Supreme Court of Connecticut · 1886
  2. Armstrong v. BitnerCourt of Appeals of Maryland · 1889

3Cited by2 opinions

  1. New Haven Sand Blast Co. v. DreisbachSupreme Court of Connecticut · 1925
  2. Wiegardt v. BeckenWashington Supreme Court · 1941

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