The Weekly Jurist Volume 7

The Weekly Jurist Volume 7

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ...which the manii acture and sale of this article had produced to Joseph Thorle. We have a company formed and called "J. W. Tliorley's attle Food Company, Limited." The only excuse for having the name "J. W. Thorley" introduced into the description of the company is this, that he took a share to the extent of one shillin, the shares of this company being one shilling only. He too one share, of one shilling, in the company, and was then employed by the company as the manager of their business. I say this company was started under circumstances of a very suspicious character. We have had a good deal of argument as to the right to use the name "Thorley's Food for Cattle," and whether any person at the present time could use that name except the executors of Joseph Thorley. I think the passage whic James, L. J., has referred to in the judgment of Turner, L. J., in the case of Burgess v. Burgess, indicates very clearly what the rights are under similar circumstances. I do not profess to say now whether J. W. Thorley, if honestly carrying on a business on his own account in the manufacture and sa e of this article, might not call it by the name of "Thorley's Food for Cattle," provided he took proper precautions to prevent it being sup(posed that the article he was so manufacturing was manufacture by the representatives of Joseph Thorley, but I feel satisfied that the company has no right whatever to use that name. I strongly lean to the opinion which was given by Lord Westbury in the Glenfield Starch case in describing the expression "Glenfield" as having a secondary signification indicating the trade denomination of the article manufactured by the particular person, more

Product details

  • Paperback | 478 pages
  • 189 x 246 x 24mm | 844g
  • United States
  • English
  • black & white illustrations
  • 1236789121
  • 9781236789129