Legal Opinion

Franks v. Markson

Massachusetts Supreme Judicial Court

Decided April 8, 1958PublishedCited by 9 opinions

1Opinion of the CourtSpalding, J.

The objective of this bill in equity is to enjoin the violation of a contract made by the plaintiffs and the defendants concerning, among other things, the right to the use of a trade name. The defendants set up the following by way of defence: (1) a plea in abatement, (2) a motion to decline jurisdiction, 1 (3) a “plea” of forum non conveniens, and (4) a demurrer. At a hearing on the pleas and motion, evidence was introduced on the issues raised by the pleas, and an interlocutory decree was entered overruling the pleas and denying the motion. An interlocutory decree was also entered…

2Cases cited12 opinions

  1. Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
  2. Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1918
  3. Weidman v. WeidmanMassachusetts Supreme Judicial Court · 1931
  4. Old Corner Book Store v. UphamMassachusetts Supreme Judicial Court · 1907
  5. J. P. Eustis Manufacturing Co. v. Saco Brick Co.Massachusetts Supreme Judicial Court · 1908

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3Cited by9 opinions

  1. My Bread Baking Co. v. Cumberland Farms, Inc.Massachusetts Supreme Judicial Court · 1968
  2. General Foods Corporation and Rich-Seapak Corporation v. The Massachusetts Department of Public HealthCourt of Appeals for the First Circuit · 1981
  3. Black Dog Tavern Co., Inc. v. HallDistrict Court, D. Massachusetts · 1993
  4. C. K. Smith & Co. v. CharestMassachusetts Supreme Judicial Court · 1965
  5. Clear Blue Specialty Insurance Company v. R-Svp II, L.L.C.; Bp Sidecar Investment III, LLC; Bpi Credit 3, LLC; Bpi Credit 4, LLC; And Bpi Credit 5, LLCMassachusetts Superior Court · 2025

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