McFell Electric & Telephone Co. v. McFell Electric Co.
Appellate Court of Illinois
Bill for am Injunction.—Appeal from the Superior Court of Cook County; the Hon. Axel Chytraus, Judge presiding. Heard in the Branch Appellate Court at the October term, 1902. Appellee filed its bill of complaint and obtained an injunction restraining appellant and two of its employes from doing business as electricians, etc., under the name of the “ McFell Electric and Telephone Company,” or under any other name so similar as to be misleading to the public.
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Bill for am Injunction.—Appeal from the Superior Court of Cook County; the Hon. Axel Chytraus, Judge presiding. Heard in the Branch Appellate Court at the October term, 1902. Appellee filed its bill of complaint and obtained an injunction restraining appellant and two of its employes from doing business as electricians, etc., under the name of the “ McFell Electric and Telephone Company,” or under any other name so similar as to be misleading to the public. It appears that in December, 1890, a corporation was created under the name “ The McFell Electric Company,” to carry on the usual…
1Opinion of the Court
Mr. Presiding Justice Freeman
delivered the opinion of the court.
Appellants insist that the court erred in finding the equities with appellee and granting it the relief prayed for in the original bill. The contention seems to be that upon the expiration of the charter of the original corporation having substantially the same name as that adopted byappellee, the right to use the name reverted to Judson McFell, who was one of its original incorporators, and who had previously sold out to McWade, another of its incorporators, all his stock in the company and all interest in its business. The…
2Cases cited4 opinions
- Allegretti v. Allegretti Chocolate Cream Co.Illinois Supreme Court · 1898
- Frazer v. Frazer Lubricator Co.Illinois Supreme Court · 1887
- Merchants' Detective Ass'n v. Detective Mercantile AgencyAppellate Court of Illinois · 1888
- Imperial Manufacturing Co. v. SchwartzAppellate Court of Illinois · 1903
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