Boston Rubber Shoe Co. v. Boston Rubber Co.
Massachusetts Supreme Judicial Court
Petition, under the Pub. Sts. c. 186, § 17, for leave to file an information in the nature of a quo warranto, and to restrain the respondent from doing business under the name of the Boston Rubber Company.
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Petition, under the Pub. Sts. c. 186, § 17, for leave to file an information in the nature of a quo warranto, and to restrain the respondent from doing business under the name of the Boston Rubber Company. The petition, as amended, alleged that the petitioner, which was organized under the name of the Malden Manufacturing Company, was in 1855, by special statute, authorized to take the name of the “ Boston Rubber Shoe Company,” whereupon it assumed and had since borne that name; that in 1878 the respondent was organized under the general laws of the Commonwealth then in force relating to…
1Opinion of the CourtW. Allen, J.
To give the court authority to act under the Pub. Sts. c'. 186, § 17, the petition must show that the respondent, in bearing the name Boston Rubber Company as its corporate name, is in the exercise of a franchise not conferred by law, and thereby injures or puts in hazard some right or interest of the petitioner.
*439The petition shows that the respondent was incorporated under the St. of 1870, c. 224, and a copy of a certificate in due form, as prescribed by the statute, of the incorporation of the ■respondent is annexed to the petition. By the terms of § 11 of the statute, this has the force and…
2Cases cited1 opinion
- Rice v. National Bank of the CommonwealthMassachusetts Supreme Judicial Court · 1879
3Cited by13 opinions
- Lawyers Title Ins. Co. v. Lawyers Title Ins. CorporationCourt of Appeals for the D.C. Circuit · 1939
- Staples Coal Co. v. City Fuel Co.Massachusetts Supreme Judicial Court · 1944
- Armington Sims v. PalmerSupreme Court of Rhode Island · 1898
- American Order of Scottish Clans v. MerrillMassachusetts Supreme Judicial Court · 1890
- Continental Ins. v. Continental Fire Ass'nCourt of Appeals for the Fifth Circuit · 1900
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