Stuckes v. National Candy Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Matt Q. Reynolds, Judge. (1) Where one honestly comes into the possession of a trade secret and does not violate any contract or confidential relation, he may use same as he sees fit.
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Appeal from St. Louis City Circuit Court. — Hon. Matt Q. Reynolds, Judge. (1) Where one honestly comes into the possession of a trade secret and does not violate any contract or confidential relation, he may use same as he sees fit. Stewart v. Hook. 118 Ga. 445; Chadwick v. Coveil, 151 Mass. 190; Watkins v. Landon, 52 Minn. 389. (2) But one who in the acquisition of the secret has been guilty of a breach of confidence or of contract with the plaintiff, or has acted in fraud of plaintiff’s rights, is liable to plaintiff. Tabor v. Hoffman, 118 N. T. 30; Hamlyn v. Houston, 1 K. B. 81; Morrison…
1Opinion of the CourtReynolds, P. J.
Action by plaintiffs, appellants here, against defendant, to recover $1800 for royalties claimed to be owing plaintiffs under a contract entered into between the parties on April 19, 1904, the action begun April 23, 1906. The petition alleges that one of the plaintiffs, John Stuckes, had invented a new and useful improvement in the process of making a class of candy known as hard boiled goods, usually made in the form of sticks, whereby the cost of production was lessened and the prevention of the candy from becoming sticky effected, it being averred'that the process which Stuckes had…
2Cases cited5 opinions
- Peabody v. NorfolkMassachusetts Supreme Judicial Court · 1868
- Tabor v. . HoffmanNew York Court of Appeals · 1889
- Pomeroy v. BentonSupreme Court of Missouri · 1882
- Halpin v. MannyMissouri Court of Appeals · 1894
- Claudius v. West End Heights Amusement Co.Missouri Court of Appeals · 1904
3Cited by6 opinions
- Moore v. General Motors Corp.Missouri Court of Appeals · 1977
- Garrett v. Terminal R. Ass'n of St. LouisSupreme Court of Missouri · 1953
- Germo Manufacturing Co. v. CombsMissouri Court of Appeals · 1922
- Gaugh v. GaughSupreme Court of Missouri · 1928
- Reid v. KellyMissouri Court of Appeals · 1957
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