The Providence news. (Providence [R.I.]) 1891-1906, 1900-04-28
INJUNCTION
WAS DENIED.
Mr.. Willard Wanted Former
Partners Restrained.
EXCLUSIVE RIGHT TO NAME.
Claimed He Originated Idea Of Forming
Boston & Providence Express Co.
HURLEY AND HICKEY RESPONDENTS.
Judge SInsss Decided Name Had Grown Out Of
JOINT Entsrprs, ant Ono PARTY Had Same
Right 10 Use u as Tho Other.

There was a hearing before Judge
tition for a preliminary injunction
against Richard J. Hurley and John Il.
Hickey, who We're formerly engaged
with him i'm the conducting OF busi-
ness known as the Boston q Providence
Express company. Mr. Willard, accord
ing 10 his idea, was entitled alone 10
use the name, as he had originated the
idea Of an express company under the
name OF the Boston & Providence Ex-
press company.
Mr. Willard testified that in June.
1899. he started the Boston e. Provi-
dence Express in connection with the
respondents, Hurley and Hickey. He
paid the rent OF the Boston office and
they picked up trade in Boston. Mr..
Willard secured trade in this city from
the merchants who do profitable busi-
ness with Boston. The respondents
were working for another express agent
in this city, but did not themselves
carry on business.
on cross-examination witness denied
his business was known as the Willard
Delivery company simply. His checks
though came to the Willard Parcel De-
livery company. The signs In front OF
his door included a Boston e. Provi-
dence Express company sign and a Will
lard Parcel Delivery. His teams had
the Boston & Providence Express name
on them.
Mr.. Willard identified letter sent TO
customer which was signed j. Willard
and the letter head was Willard Deliv-
cry Company. Witness admitted he had
three names for his business.
On redirect he said thd three names
were for the separate departments of
his business. Just after a settlement
one night about o'clock Mr.. Willard
was informed by Hickey and Hurley
that they were gc.sg TO put their own
Seams in this city. Mr.. Willard said he
had paid printing bills.
Mr.. Willard told Judge Stiness tina,
the arrangement with Hickey and Hur-
ley was they were To get one-ha,f the
proceeds after freight was paid
Bryce -. Armour. representative OF
a local dry goods concern said all his
Boston business had been done through n
the Boston & Providence Express
Company of which Mr.. Willard was
manager for long time. Other parties
had been to witness place OF business
recently who wanted his business for
the new Boston & Providence Express
company. These parties did not appear
for Mr.. Willard. The latter had made
all the arrangements to secure the
trade of the house. Witness was con-
nected with.
Walter o. Talcott said he had done
business with the Boston & Providence
Express under Mr.. Wizards direction
and lately had been solicited by a party
to give his business to a new concern
under the same name.
Judge Stiness decided the trade name
had grown out OF 4 +oiiit enterorisc he
tween the parties. complainant and re-
spondents. and any of the parties had
the same right 10 use the name as the
other. The Injunction was denied.
George II. Mcleod was counsel for
the complainant and John I. Devlin
counsel for Hurley and Hickey.