Employers' Liability Assurance Corp. v. Employers' Liability Insurance
New York Supreme Court
Action by the Employers’ Liability Assurance Corporation against the Employers’ Liability Insurance Company of the United States to restrain the use by defendant of the words “Employers’ Liability” in its corporate name. Plaintiff now moves to continue a temporary injunction heretofore granted.
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Action by the Employers’ Liability Assurance Corporation against the Employers’ Liability Insurance Company of the United States to restrain the use by defendant of the words “Employers’ Liability” in its corporate name. Plaintiff now moves to continue a temporary injunction heretofore granted. Laws H. Y. 1877, c. 211, provides that no “insurance company hereafter organized under the laws of this state shall use a corporate * * * title which shall at the time of such organization be used to designate any * * * other insurance company already existing under the laws of this state. ”
1Opinion of the Court
Patterson,. J.
The right of a temporary injunction in this action is claimed by the plaintiff, in the first place, on the ground that it is entitled to the exclusive use of the words “Employers’ Liability” as part of its corporate name. In view of what is set forth in the answers of the defendant, and the affidavits read by them, this claim is not established. The words have become descriptive of one kind of' insurance business, just as the words “fire,” “marine,” “accident,” “life,” indicate other kinds of insurance. There are many corporations in Great Britain, and three in the United…
2Cases cited2 opinions
- Meneely v. . MeneelyNew York Court of Appeals · 1875
- Farmers' Loan & Trust Co. v. Farmers' Loan & Trust Co. of KansasNew York Supreme Court · 1888
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- Material Men's Mercantile Ass'n v. New York Material Men's Mercantile Ass'nAppellate Division of the Supreme Court of the State of New York · 1915
- De Long v. De Long Hook & Eye Co.New York Supreme Court · 1894
- In re United States Mortg. Co.New York Supreme Court · 1895
- Material Men's Mercantile Ass'n v. Material Men's Credit Agency, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
- Salvation Army in United States v. American Salvation ArmyNew York Supreme Court · 1908
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