95 N.Y.S. 935 | N.Y. Sup. Ct. | 1905
It is to be regretted that the near approach of the expiration of the copartnership of the parties to this action, by limitation, so urgently calls for an early decision of this motion, that the discussion of the important and interesting questions involved at deserving length is prevented, save at the expense of serious delay to many other matters now awaiting the court’s attention. The parties to this action are copartners, doing business as bankers and brokers, under the firm name of Vermilye & Co., and the plaintiff seeks to restrain the defendants’ use of the name after the 31st day of March, 1905, the day upon which the partnership will cease, according to agreement. The relief sought in the action is an injunction and a direction for the sale of the good will of the partnership to the highest bidder, and at the outset, therefore, the question is presented whether this firm name may be treated as an asset, as part of the good will of the business, and sold as a part of the partnership property, in invitum. It appears that this banking and brokerage business was established in the year 1832, under the name of “ Carpenter & Vermilye,” and that about the year 1862 the name “ Vermilye & Company ” first commenced to be used as a firm name, and has been continued
Motion granted.