Metropolitan Telephone & Telegraph Co. v. Metropolitan Telephone & Telegraph Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, The Metropolitan Telephone and Telegraph Company and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York orí the 27th day of March, 1913, denying the plaintiffs’ motion for an injunction pendente lite.
1Opinion of the Court
Scott, J.:
The purpose of this action is to restrain the defendants and ■ each of them from continuing to use the corporate name which they have selected, and under which they are now assuming to do business. Although there are two defendants bearing the same name, they are for all practical purposes identical so far ■ as concerns their composition, their purposes and the' means adopted to further their aims. . The only difference is that their promoters, for some obscure reason, have seen fit to incorporate in two States, and thus have created technically two legal entities where, so far as…
2Cases cited6 opinions
- Holmes, Booth & Haydens v. Holmes, Booth & Atwood Manufacturing Co.Supreme Court of Connecticut · 1870
- Glen & Hall Manufacturing Co. v. HallCommission of Appeals · 1874
- Slater v. . SlaterNew York Court of Appeals · 1903
- Society of 1812 v. Society of 1812Appellate Division of the Supreme Court of the State of New York · 1900
- B.P.O. Elks v. . Improved B.P.O. ElksNew York Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Treemond Co. v. Schering CorporationCourt of Appeals for the Third Circuit · 1941
- The Children's Bootery v. SutkerSupreme Court of Florida · 1926
- Purcell v. SummersCourt of Appeals for the Fourth Circuit · 1944
- British-American Tobacco Co. v. British-American Cigar Stores Co.Court of Appeals for the Second Circuit · 1914
- Lawyers Title Ins. Co. v. Lawyers Title Ins. CorporationCourt of Appeals for the D.C. Circuit · 1939
21 more not listed; retrieve them via the Exa API.