Simmons Hardware Co. v. Waibel
South Dakota Supreme Court
Appeal from district court, Beadle county. Hon. James Spencer, Judge. The material facts and the nature of the .proceedings are stated in the opinion. The defendant Donaldson having surreptitiously and by fraud acquired a knowledge of plaintiff’s trade secrets should be restrained from using or disclosing them. Tipping v. Clarke, 2 Hare. 383; 2 Story’s Eq.
Read the full summary
Appeal from district court, Beadle county. Hon. James Spencer, Judge. The material facts and the nature of the .proceedings are stated in the opinion. The defendant Donaldson having surreptitiously and by fraud acquired a knowledge of plaintiff’s trade secrets should be restrained from using or disclosing them. Tipping v. Clarke, 2 Hare. 383; 2 Story’s Eq. Jur., § 952; Morrison v. Moat, 9 Hare 241;.Peabody v. Norfolk, 98 Mass. 452; High, on Inj., § 437. The catalogue should have beeu permitted to remain in the hands of the receiver. High on Receivers. §§ 15,' 11, 737, 738; Kerr on Receivers,…
1Opinion of the CourtCorson, P. J.
On March 1, 1889, the plaintiff filed its verified complaint in the district court, in which it is alleged, in substance, that it is engaged in the wholesale and retail hardware business in the city of St. Louis; that it has a large amount of capital invested in its said business, several hundred clerks and about ninety traveling salesmen engaged in selling its wares and merchandise in nearly all the states and territories; that it has prepared and published, at great expense, an .illustrated and printed catalogue containing about 1,500 pages, for distribution among its customers; that it has…
2Cases cited4 opinions
- Peabody v. NorfolkMassachusetts Supreme Judicial Court · 1868
- Silsbury & Calkins v. McCoon & ShermanNew York Court of Appeals · 1850
- Anderson v. ReedSupreme Court of Iowa · 1860
- Whelpley v. Erie Ry. Co.U.S. Circuit Court for the District of Southern New York · 1868
3Cited by5 opinions
- Mid-America Marketing Corp. v. Dakota Industries, Inc.South Dakota Supreme Court · 1979
- Lasell v. Yankton CountySouth Dakota Supreme Court · 1942
- Commonwealth v. CohenPhiladelphia County Court of Quarter Sessions · 1953
- Mid-America Marketing Corp. v. Dakota Industries, Inc.South Dakota Supreme Court · 1979
- Valley National Bank of Des Moines v. ClaflinSupreme Court of Iowa · 1899