240 Mo. App. 574 - Bagby v. Blackwell’s Empirical Analysis
1948
Citation profile
2 federal appellate · 14 state decisions
How this case has been cited
Cited by 18 later decisions — most recently December 1993
2 federal appellate · 14 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Furniture Hospital v. Dorfman · State Ex Rel. Great American Home Savings Institution v. Lee · 219 Mo. App. 436 - K.C. Fuel Oil Co. v. Shoecraft
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is true the name of plaintiffs’ association is composed of generic or descriptive words. Ordinarily such words are not subject to exclusive appropriation in a name. Such words are generally public juris, and may be used by anyone in their primary sense. But when a certain com bination of such words as a name, in connection with the business of a particular trader, has by long use come to be understood by the public as identifying the business or products of that trader, such words so used as a name have taken on a secondary sense in which the prior user may have an exclusive right ...”
1 later decision quote this exact passage“"The defendant urges the point that the plaintiffs come into equity with unclean hands because they have failed to register their association name under Article 3, Chapter 140, R.S.Mo.1939, Mo.R.S.A. [Section 417.010 et seq. RSMo 1949, V.A.M.S.] No bad faith or fraud having been shown on plaintiffs' part by the use of their association name, and no violation of law in the nature of its contracts or transactions, we believe this defense is not available to the defendant. Ditzell v. Shoecraft, 219 Mo.App. 436 , 274 S.W. 880 ."”
1 later decision quote this exact passagee.g. Shrout v. Tines
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.