Legal Opinion

Morse v. Hall

Massachusetts Supreme Judicial Court

Decided March 15, 1872PublishedCited by 3 opinions

Bill ih equity, filed July 10,1871, by Horace E. Morse, administrator of the estate of Elbridge G. Wright, and by Henry Esbach, Louis F. Hartman and William G. Reed, copartners under the name of the Boston Musical Instrument Manufactory against David C. Hall and George W. Quimby, alleging that for many years and down to 1869 Wright was a partner with Esbach and Hartman in the business of manufacturing musical instruments ; that in 1869 the partnership was dissolved, Esbach,…

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Bill ih equity, filed July 10,1871, by Horace E. Morse, administrator of the estate of Elbridge G. Wright, and by Henry Esbach, Louis F. Hartman and William G. Reed, copartners under the name of the Boston Musical Instrument Manufactory against David C. Hall and George W. Quimby, alleging that for many years and down to 1869 Wright was a partner with Esbach and Hartman in the business of manufacturing musical instruments ; that in 1869 the partnership was dissolved, Esbach, Hartman and Heed formed a new partnership, and Wright entered into a partnership with the defendants under the name and…

1Opinion of the CourtAmes, J.

For the special and limited purpose for which this suit is brought, we see no difficulty in maintaining it. It is not a case in which complaint is made of the misuse of an established trade mark, and it does not depend upon the provisions of the first section of the, Gen. Sts. e. 56. It is not a case within that section at all. The complaint is, that the defendants continue to use, in carrying on their business, the name of a person formerly con. nected with them in partnership, but now deceased, and that they do so without the consent of his legal representatives. Thif> *411would be a violation…

2Cited by3 opinions

  1. Lodge v. WeldMassachusetts Supreme Judicial Court · 1885
  2. China Clipper Restaurant, Inc. v. Yue JoeMassachusetts Supreme Judicial Court · 1942
  3. Lowenstein v. Lowenstein's, Inc.Massachusetts Supreme Judicial Court · 1936

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