Legal Opinion

Lodge v. Weld

Massachusetts Supreme Judicial Court

Decided June 23, 1885PublishedCited by 20 opinions

Bill in equity, filed April 21, 1883, by the only surviving child of John D. Williams, deceased, to restrain the defendant, doing business under the name and style of John D. & M. Williams, from the further use in his said business of the name of John D. Williams.

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Bill in equity, filed April 21, 1883, by the only surviving child of John D. Williams, deceased, to restrain the defendant, doing business under the name and style of John D. & M. Williams, from the further use in his said business of the name of John D. Williams. Hearing before Devens, J., who reported for the consideration of the full court the following case: The firm of John D. & M. Williams was formed in 1812, and consisted of John D. Williams and Moses Williams, his brother; and they continued the business under the firm name until April 5, 1831, when David W. Williams, a son of John D.…

1Opinion of the CourtC. Allen, J.

There was no consent in writing of John D. Williams, or of his legal representatives, to the continued use of his name in the firm by the defendant. The only consent in writing which he gave personally was to Moses Williams and David W. Williams. Nobody assuming to represent him has given any such written consent to the defendant. It would be a strained construction to hold that the note of the plaintiff to the Messrs. Williams, ordering some cooking wine, carried with it a consent sufficient to satisfy the statute. Moses Williams, the executor of John D. Williams, never gave a written…

2Cases cited4 opinions

  1. Rogers v. TaintorMassachusetts Supreme Judicial Court · 1867
  2. Cox v. CurwenMassachusetts Supreme Judicial Court · 1875
  3. Hallett v. CumstonMassachusetts Supreme Judicial Court · 1872
  4. Morse v. HallMassachusetts Supreme Judicial Court · 1872

3Cited by20 opinions

  1. Daniels v. PrattMassachusetts Supreme Judicial Court · 1887
  2. Moore v. RawsonMassachusetts Supreme Judicial Court · 1904
  3. Ewing v. ShannahanSupreme Court of Missouri · 1892
  4. C. H. Batchelder & Co. v. BatchelderMassachusetts Supreme Judicial Court · 1914
  5. Commissioner of Corporations & Taxation v. Second National BankMassachusetts Supreme Judicial Court · 1941

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