S.F. Myers Co. v. Tuttle
| Decision Date | 05 October 1910 |
| Parties | S. F. MYERS CO. v. TUTTLE. TUTTLE v. S. F. MYERS CO. SAME v. S. F. MYERS SONS CO. |
| Court | U.S. District Court — Southern District of New York |
Samuel J. Siegel, for complainant S. F. Myers Co. and defendant S F. Myers Sons Co.
Martin Chas. Ansorge and E. C. Ferguson, for Tuttle.
The good will of the S. F. Myers Company was an asset of that company in bankruptcy. It was sold by the trustee by order of the court. Mr. Tuttle was the purchaser, and that property in his hands is entitled to the same protection as any other property. The sons of S. F. Myers, who were officers of the S. F. Myers Company, have a right to do any lawful business and for that purpose to organize a corporation which shall engage in the same kind of business that the S. F. Myers Company engaged in; but they have no right to organize a corporation for the purpose of destroying the good will of the S. F. Myers Company, purchased by Mr. Tuttle, or to conduct their business in such a way that it destroys or impairs the value of such good will. The evidence satisfies me that the sons of S. F. Myers, with intent to appropriate to themselves the good will of the business of the bankrupt corporation, S. F. Myers Company, organized the new corporation, S. F. Myers Sons Company, established the business at the same place at which the business of the S. F Myers Company had been conducted for many years, prevented Mr. Tuttle from leasing a place of business in said premises and in various instances made use of the lists, letter heads, and stationery of the S. F. Myers Company for the purpose of soliciting business from the former customers of the S. F. Myers Company, and have had the letter heads and other stationery of the S. F. Myers Sons Company intentionally prepared so as to simulate the letter heads and other stationery formerly used by the S. F. Myers Company, and all with the intention of appropriating to themselves as much as possible the good will of the business of the S. F. Myers Company, and depriving Mr. Tuttle of a portion of such good will so purchased by him.
The counsel for the S. F. Myers Company claims that Mr. Tuttle should be prevented from doing business in the name of the S F. Myers Company, and should be required to do business in his own name as successor of the S. F. Myers Company, on the ground that the S. F. Myers Company proposes to obtain a discharge in bankruptcy,...
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