Schwarz

Plaintiff sued to restrain defendant from conducting business under the name of “Adolph M. Schwarz, Jr., Commercial Collections,” or variations of such name calculated to deceive the public, and also from soliciting the business of plaintiff’s clientele and from using lists of plaintiff’s customers obtained by defendant while he was in the employ of the plaintiff. The cause was tried before the court and, upon the conclusion of plaintiff’s case, the defendant’s motion for a nonsuit was granted upon the ground that there was no evidence to sustain the allegations of the complaint. The plaintiff has appealed from the judgment upon a typewritten transcript.

Plaintiff had established and maintained collection agencies in some of the principal cities of the east and, some two' years prior to the filing of the complaint, had established branches of such agencies in San Francisco and Los Angeles. His son, the defendant in this case, had been installed as manager of the branch in Los Angeles, but in the month of August, 1925, because of mismanagement and defalcations on his part, he was ordered to turn over the management of the Los Angeles branch to another, and to report to the…