Dr. David Kennedy Corpn. v. . Kennedy
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 27, 1899, upon an order reversing a judgment in favor of defendant entered upon a dismissal of the complaint upon the merits upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The use of his name, granted by the defendant in the bill of sale, was a limited use, expressly defined.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 27, 1899, upon an order reversing a judgment in favor of defendant entered upon a dismissal of the complaint upon the merits upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The use of his name, granted by the defendant in the bill of sale, was a limited use, expressly defined. (Brown Chemical Co. v. Meyer, 139 U. S. 544.) The sale of the good will of the business did not carry with it the right to use the…
1Opinion of the CourtBartlett, J.
This is a suit in equity where the plaintiff corporation seeks to secure the delivery of mail matter to its proper officers and to enjoin the defendant from interfering therewith; the complaint also asks a judgment for damages.
About the year 1875, the defendant, who was a practicing physician in the city of Kingston, Ulster county, established the business of making and selling proprietary remedies; he advertised extensively ; the business was almost entirely conducted through the mails, and became, ultimately, very profitable. Advertisements and pamphlets were sent out which referred to some…
2Cases cited7 opinions
- Reich v. . CochranNew York Court of Appeals · 1896
- Adams v. . Irving National BankNew York Court of Appeals · 1889
- Quinlan v. . WelchNew York Court of Appeals · 1894
- National Harrow Co. v. E. Bement & SonsNew York Court of Appeals · 1900
- Martin v. . Home BankNew York Court of Appeals · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- New York Bank Note Co. v. Hamilton Bank Note Engraving & Printing Co.New York Court of Appeals · 1905
- Van Winkle v. . Van WinkleNew York Court of Appeals · 1906
- Kelite Products, Inc., and R. C. Martin v. Alvin J. Binzel, Jr., Trading as Kelite Products of AlabamaCourt of Appeals for the Fifth Circuit · 1955
- Blumenberg Press v. Mutual Mercantile AgencyNew York Court of Appeals · 1904
- Kelite Products, Inc., and R. C. Martin v. Alvin J. Binzel, Jr., Trading as Kelite Products of AlabamaCourt of Appeals for the Fifth Circuit · 1955
3 more not listed; retrieve them via the Exa API.