Freeman v. Freeman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank E. Freeman, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Onondaga on the 18th day of February, 1903, upon the report of a referee, and also from an order-entered in said clerk’s office on the 7th day of March, 1903, vacating; an injunction theretofore granted herein.
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Appeal by the plaintiff, Frank E. Freeman, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Onondaga on the 18th day of February, 1903, upon the report of a referee, and also from an order-entered in said clerk’s office on the 7th day of March, 1903, vacating; an injunction theretofore granted herein. The plaintiff and the defendant J. Irving Freeman were formerly-engaged as copartners in the retail clothing business at the city of" Syracuse, in this State, and carried on such business under the firm, name of Freeman &…
1Opinion of the Court
Adams, P. J. :
It was found by the learned referee upon evidence which fully sustained such finding that all the newspaper advertisements by the ■defendants in which the words “ Successors to Freeman & Freeman” appeared had been discontinued by them before any request liad been received from the plaintiff so to do; that no use of • the plaintiff’s individual name had been made by them or by any one in their employ, by their authority, knowledge or consent, and that ■“the defendants have not done any acts calculated to deceive, ■delude, mislead or impose upon the public to the injury of the…
2Cases cited7 opinions
- Slater v. . SlaterNew York Court of Appeals · 1903
- Boon v. . MossNew York Court of Appeals · 1877
- Hegeman & Co. v. HegemanNew York Court of Common Pleas · 1880
- Slater v. SlaterAppellate Division of the Supreme Court of the State of New York · 1903
- Dayton v. WilkesThe Superior Court of New York City · 1859
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3Cited by3 opinions
- In re the Judicial Settlement of the Account of SilkmanAppellate Division of the Supreme Court of the State of New York · 1907
- Godley v. Crandall & Godley Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Cholot v. StrohmAppellate Division of the Supreme Court of the State of New York · 1932