QUINBY & CO. v. FUNSTON


13 Misc.2d 134 (1958)

Quinby & Co., Incorporated, Plaintiff, v. G. Keith Funston, as President of New York Stock Exchange, et al., Defendants.

Supreme Court, Equity Term, Monroe County.

August 29, 1958.


Attorney(s) appearing for the Case

W. Clyde O'Brien and Ned W. Roman for plaintiff.

Charles Wilcox, Elliott Horton and A. Donald MacKinnon for G. Keith Funston, as president of New York Stock Exchange, defendant.

Byron Johnson, Jr., Alan J. Underberg and Howard H. Brown for Merrill Lynch, Pierce, Fenner & Beane, defendant.


JAMES C. O'BRIEN, J.

Plaintiff complains that defendants' conduct constitutes unfair competition. Plaintiff seeks a permanent injunction and money damages.

The conduct complained of consists in the publication and wide circulation by both defendants of pamphlets explaining and promoting the "Monthly Investment Plan" (hereinafter called "M.I.P."). Plaintiff claims that certain statements contained in...

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