The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-04-05
BINGHAM INJUNCTION SUIT.

Judge Hoke Decides That Both Schools
Have Right to Use the Name bils-
| ham,"
| Nessrs. r. O. Burton and X. j. Gray
! have returned to the city from AsheflEe
where. with eX-Attorney General T. p
Blair. of Virginia, they appeared Tor the
defendants in an action brought by MAJ
Robt. Bingham. superintendent of Blng-
| ham school. TO restrain Mr.. Preston
Lewis GRAY and others from conducting Il
school at Mebane \. c., (the old site of
the Bingham School under the name of
.sTbe William Bingham School," or the
bingham School or any other name
so like it as to lead to confusion in the
minds of the public as to the real loca-
tion of the Bingham School" The
plaintiff claims the exclusive right to
the name of THE Bingham School rs
under an act of incorporation in 1899
and as the successor of the corporation
chartered in 1864 by the late Col. VII
liam Bingham, and alleges that the use
of the name THE William Bingham
School, and the threatened use of the
name Bingham School, by the defend
ants is an interference with his char
tefCu anu pIGScFlptlNc TlSHtS.
Mr.. Preston Lewis Gray, a successful
lawyer of Virginia, who married Miss
..ary Stuart Bingham. only daughter Of
the late Col. VIM. Bingham, about Il
year ago, resumed the conduct of tho
school at Mebane in right of his wife
and of Mrs. Owen W. Bingham, widow
Of Col. VIM. Bingham, and her only sur
viving son. Ernest Bingham, adopting,
for the time being the name 'The Will
liam Bingham School," but asserting his
right and intention, if he should see fit
TO do SO, to call it the bingham School
ut Mcbane" He added to the name so
adopted. the legend Established in
1893" the year when the Rev. William
Bingham first started the Bingham
School at Wilmington. Against the use
of such names and the history of the
Bingham School from its foundation,
Mai. Robert Bingham objected and, in
Il suit started for the purpose, obtained
Il temporary restraining order from
Judge w. A. Hoke returnable before
him at Asheville on the 2Sth ult. After
a hearing that lasted several days. the
injunction was dissolved, his Honor
holding that neither the plaintiff COR
poration nor Robert Bingham is the sole
and exclusive owner of the name and
reputation of the school organized by
the Binghams in 1893 and conducted hv
that family exclusively till 1861 and
that the defendant, with and by au-
thority of the widow and children of
William Bingham, deceased. has a right
full share in the name and reputation of
said school and is of right entitled to use
the name of William Bingham School
of Orange County, n. c., and to state
and claim that his school is one of the
successors of the school established in
1893" and the restraining order was
dissolved at cost of the plaintiff
1t will be remembered that the Bing-
ham School was removed from Mebane
to Asheville by Maj. Robert Bingham in
1891 leaving the costly grounds and
buildings owned by the widow and chill
dren of Col. VIM. Bingham. unoccupied
and useless except for school purposes
Until the removal Mrs. Bingham owned
and controlled the boarding department
while the teaching department was un-
der the direction of Maj. Bingham.