FRANKS v. MARKSON


337 Mass. 278 (1958)

149 N.E.2d 619

ALFRED A. FRANKS & others vs. ROBERT T. MARKSON & others.

Supreme Judicial Court of Massachusetts, Suffolk.

April 8, 1958.


Attorney(s) appearing for the Case

George A. McLaughlin, (Arthur M. Gilman & Jerome P. Facher with him,) for the defendants.

Edward O. Proctor, (Charles M. Goldman & Robert K. Lamere with him,) for the plaintiffs.

Present: WILKINS, C.J., RONAN, SPALDING, COUNIHAN, & WHITTEMORE, JJ.


SPALDING, J.

The objective of this bill in equity is to enjoin the violation of a contract made by the plaintiffs and the defendants concerning, among other things, the right to the use of a trade name. The defendants set up the following by way of defence: (1) a plea in abatement, (2) a motion to decline jurisdiction,1 (3) a "plea" of forum non conveniens, and (4) a demurrer. At a hearing on the pleas and motion, evidence was introduced...

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