Morrison v. Woodbury

Citations

• 105 Kan. 617
• 185 P. 735
• 1919 Kan. LEXIS 142

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trade Secrets — Expiration Books of Insurance Company — Wrongful Use by Discharged Employee — Replevin—Injunction. The law recognizes a property right in trade secrets and confidences, and a court of equity may, when its jurisdiction is properly invoked, enjoin one in whom the confidence has been reposed, from divulging it to third persons or from taking advantage of it himself to the injury of the owner. In the case of an employee, such’ an obligation exists in the absence of a stipulation to the contrary.</p> <p>2. Same. The right to such relief is not affected by the fact that the trade secrets or confidences are embraced in books or lists which may have been added to by the employee’s efforts.</p> <p>3. Same — Expiration Books of Insurance Company■ — Discharged Employee Enjoined from Taking Copies from Original Boohs for His Own Use. In an action by the owner of an insurance , agency against a former employee to recover possession of original books showing the expiration of policies written by the defendant for the plaintiff, and to enjoin the making or using of copies taken from the original books, where the admissions of the defendant showed that after the action in replevin was brought, and before the injunction was asked for, he procured copies of portions of the books for the purpose of retaining them in the event the court required him to turn over the originals, and expected to use the copies for the purpose of soliciting business for other insurance companies, held, that it was error to deny the injunction, and upon the undisputed facts, judgment is ordered for the plaintiff.</p>