Vonderbank v. Schmidt
Supreme Court of Louisiana
APPEAL from the Civil District Court for the parish of Orleans. Monroe, J. The naked sale of the “good will” of a business does not transfer the right to the use of the vendee’s name of trade. Goodwill embraces only the custom ana advantage peculiar to the place, etc., and not that appertaining to thejierson of the vendee. The wrongful use for purposes of business of one’s name may be enjoined.
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APPEAL from the Civil District Court for the parish of Orleans. Monroe, J. The naked sale of the “good will” of a business does not transfer the right to the use of the vendee’s name of trade. Goodwill embraces only the custom ana advantage peculiar to the place, etc., and not that appertaining to thejierson of the vendee. The wrongful use for purposes of business of one’s name may be enjoined. The vendor is not estopped, by silence or inaction or even by a sale, with his knowledge and consent to another or second purchaser; the latter takes no greater right than his vendor had under the…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
Eor many years the plaintiff in this suit was engaged in the conduct and management of a hotel, which was kept-in a rented building on Magazine street, in the 'city of New Orleans. It was kept on what is popularly known as the European plan, i. e., rooms and lodging without board. While thus conducted, this hotel was customarily styled and denominated the “ Hotel Vonderbank,” or “Vonderbank Hotel.”
While thus conducting said hotel, the plaintiff was also engaged in a business on Common street, in said city, between Camp and St. Charles…
2Cases cited11 opinions
- Holmes, Booth & Haydens v. Holmes, Booth & Atwood Manufacturing Co.Supreme Court of Connecticut · 1870
- Meneely v. . MeneelyNew York Court of Appeals · 1875
- Hoxie v. ChaneyMassachusetts Supreme Judicial Court · 1887
- Chittenden v. WitbeckMichigan Supreme Court · 1883
- Myers v. Kalamazoo Buggy Co.Michigan Supreme Court · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Barrera v. CiolinoSupreme Court of Louisiana · 1994
- J. Alfred Mouton, Inc. v. HebertLouisiana Court of Appeal · 1940
- Piggly Wiggly Corporation v. SaundersDistrict Court, W.D. Tennessee · 1924
- Sieward v. DenechaudSupreme Court of Louisiana · 1908
- Belvin v. SikesLouisiana Court of Appeal · 1941
14 more not listed; retrieve them via the Exa API.