Trego and Another v Hunt

JurisdictionUK Non-devolved
Judgment Date05 December 1895
Judgment citation (vLex)[1895] UKHL J1205-2
CourtHouse of Lords
Date05 December 1895

[1895] UKHL J1205-2

House of Lords

Trego and Another
and
Hunt.
1

After hearing Counsel as well on Tuesday the 25th, as Thursday the 27th, and Friday the 28th days of June last, upon the Petition and Appeal of Anna Trego, Widow, and William Wilson Smith, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of Her Majesty's Court of Appeal of the 20th of February 1895, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Order might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the printed Case of George Stratford Hunt, lodged in answer to the said Appeal; and due consideration had this day of what was offered on either side in this Cause:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of Her Majesty the Queen assembled, That the said Order of Her Majesty's Court of Appeal, of the 20th of February 1895, be, and the same is hereby Reversed; and it is declared that the Appellants are entitled to an Injunction, restraining the Respondent, his partners, servants, or agents, from applying privately, by letter, personally, or by a traveller, to any person who was, prior to the dissolution of the partnership, a customer of the firm of Tabor Trego and Co., asking such customer to continue after the dissolution to deal with him, the Respondent, or not to deal with the Appellants: And it is further Ordered...

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88 cases
  • Gargan v Ruttle
    • Ireland
    • High Court (Irish Free State)
    • 21 January 1931
    ...the general class of those for which the plaintiff was at the date of the dissolution of the said partnership an agent. Trego v. Hunt,ELR [1896] A. C. 7, applied. Gargan v. Ruttle JOHN M. GARGAN, Trading as J. M. GARGAN & Co. Plaintiff and WILLIAM RUTTLE Defendant. Partnership - Dissolution......
  • Cavendish Square Holdings Bv and Another v Talal El Makdessi
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 14 December 2012
    ...reputation and connection… which may have been built up by years of honest work or gained by lavish expenditure of money" see Trego v Hunt [1896] AC 7 at 24 per Lord Macnaghten. v) The two questions for the Court are therefore: (i) What are the interests which it is legitimate for the Claim......
  • Karen Morris-Garner and Another v One Step (Support) Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 22 March 2016
  • Lonrho Plc and Others v Fayed and Others (No 5)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 22 July 1993
    ...may be one of the most important assets of the business. But goodwill in that sense must have the meaning put on that word in Trego v Hunt [1896] A.C.7. See especially per Lord Herschell at 17–18 and per Lord MacNaghton at page 24. It cannot mean some airy-fairy general reputation in the bu......
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2 firm's commentaries
  • Restraints of trade in commercial documents must be reasonable
    • Australia
    • Mondaq Australia
    • 26 October 2021
    ...of the restraint has a legitimate interest to protect, analogous to goodwill, as something which adds value to the business: Trego v Hunt [1896] AC 7; & Co's Margarine Ltd v Inland Revenue Commissioners (1901) AC 217; Box v The Commissioner of Taxation (1952) 86 CLR 387; [1952] HCA 61; Fede......
  • Restraints of trade in commercial documents must be reasonable
    • Australia
    • Mondaq Australia
    • 26 October 2021
    ...of the restraint has a legitimate interest to protect, analogous to goodwill, as something which adds value to the business: Trego v Hunt [1896] AC 7; & Co's Margarine Ltd v Inland Revenue Commissioners (1901) AC 217; Box v The Commissioner of Taxation (1952) 86 CLR 387; [1952] HCA 61; Fede......
4 books & journal articles
  • Duties
    • United Kingdom
    • Wildy Simmonds & Hill Partnership and LLP Law - 2nd edition Contents
    • 29 August 2018
    ...held that the company, which was not a party to the partnership agreement, was 26 Deacons v Bridge [1984] 2 All ER 19. 27 Trego v Hunt [1896] AC 7. 28 Darby v Meehan and another (1998) The Times , 25 November. 29 Prescott v Dunwoody Sports Marketing [2007] EWCA Civ 461, [2007] 1 WLR 2343. 6......
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill Partnership and LLP Law - 2nd edition Contents
    • 29 August 2018
    ...DC 94 Tower MCashback LLP v HMRC Commissioners [2011] UKSC 19, [2011] 2 AC 457, [2011] 2 WLR 1131, [2011] 3 All ER 171 195 Trego v Hunt [1896] AC 7, 65 LJ Ch 1, 44 WR 225, HL 54, 67 Trevor John Brooks v AH Brooks & Co (A Firm) [2010] EWHC 2720 (Ch), [2011] 3 All ER 982, [2010] NLJR 1615, [2......
  • Property
    • United Kingdom
    • Wildy Simmonds & Hill Partnership and LLP Law - 2nd edition Contents
    • 29 August 2018
    ...14 Re White (deceased); White v Minnis and another [1999] 2 All ER 663. 15 Beaver v Cohen and others [2006] EWHC 199 (Ch). 16 Trego v Hunt [1896] AC 7 at 24. 17 Deacons v Bridge [1984] 2 All ER 19. Property 55 expense of revaluation and was the only practical way of ensuring that new partne......
  • GOODWILL IN BUSINESS
    • Nigeria
    • DSC Publications Online Sasegbon’s Judicial Dictionary of Nigerian Law. First edition Final Sections Volume 4
    • 6 February 2019
    ...which a goodwill can be attached? It seems quite appropriate therefore to refer to how Lord Herschell defined goodwill in Trego v. Hunt (1896) A.C. 7 at 17-18. He said: - "It is the connection thus formed, together with the circumstances, whether of habit or otherwise, which tends to make i......

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