J. T. Healy & Son, Inc. v. James A. Murphy & Son, Inc. & others (and two companion cases 1), 357 Mass. 728

Summary

Plaintiff corporation sought an injunction against defendant corporation, enjoining it and its employees from utilizing information about plaintiff corporation obtained by virtue of former employment. Plaintiff further sought an accounting from defendant individuals and damages for their activities in setting up a business while on company time. Defendants left the employ of plaintiff corporation and set up their own business using know-how they acquired by virtue of their employment at plaintiff corporation. The court found that defendants took no record cards, price cards, or customer lists with them, and that in absence of a specific agreement, defendants could use knowledge obtained from their former employer to set up a new business, defendant corporation. The court further ordered that plaintiff corporation turn over stocks left to defendants by virtue of a will, therefore ruling that defendants should prevail on their action in replevin.