Legal Opinion

Daughters of Isabella, No. 1 v. National Order of the Daughters of Isabella

Supreme Court of Connecticut

Decided December 16, 1910PublishedCited by 25 opinions

Suit to enjoin the principal defendant, a New York corporation, from establishing further branches of its order in this State under the name or title of “Daughters of Isabella,” and restraining all subordinate branches now in existence in this State from continuing to use said name or title, brought to the Superior Court in New Haven County where a demurrer to the complaint was overruled (George W. Wheeler, J.) and the cause was afterward tried to the court, Burpee, J.;…

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Suit to enjoin the principal defendant, a New York corporation, from establishing further branches of its order in this State under the name or title of “Daughters of Isabella,” and restraining all subordinate branches now in existence in this State from continuing to use said name or title, brought to the Superior Court in New Haven County where a demurrer to the complaint was overruled (George W. Wheeler, J.) and the cause was afterward tried to the court, Burpee, J.; facts found and judgment rendered for the plaintiffs, and appeal by the defendants.

1Opinion of the CourtThayer, J.

The complaint alleges, and the court has found, that for some years prior to 1904 there .had existed in this State a voluntary benefit association, whose members were known to each other and the public as “Daughters of Isabella.” On March 7th, 1904, by vote of the association, it became incorporated, the members of the association becoming members of the corporation. The corporation, which is one of the plaintiffs, continued to carry out the plans and purposes of the original organization, adopted the same constitution, and used the same ritual, songs, society pin, and insignia, and became…

2Cases cited5 opinions

  1. Holmes, Booth & Haydens v. Holmes, Booth & Atwood Manufacturing Co.Supreme Court of Connecticut · 1870
  2. American Clay Manufacturing Co. v. American Clay Manufacturing Co.Supreme Court of Pennsylvania · 1901
  3. International Committee of Young Women's Christian Ass'n v. Young Women's Christian Ass'nIllinois Supreme Court · 1901
  4. Supreme Lodge Knights of Pythias v. Improved Order Knights of PythiasMichigan Supreme Court · 1897
  5. People ex rel. Felter v. RoseIllinois Supreme Court · 1907

3Cited by25 opinions

  1. Standard Oil Co. of New Mexico, Inc. v. Standard Oil Co. of CaliforniaCourt of Appeals for the Tenth Circuit · 1932
  2. Purcell v. SummersCourt of Appeals for the Fourth Circuit · 1944
  3. Middletown Trust Co. v. Middletown National BankSupreme Court of Connecticut · 1929
  4. Yale Co-Operative Corporation v. RoginSupreme Court of Connecticut · 1947
  5. Scalise v. National Utility Service, Inc.Court of Appeals for the Fifth Circuit · 1941

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