Gonzales v. Kentucky Derby Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Isidor Reichenthaler, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 10th day of January, 1921, upon the decision of the court rendered after a trial at the Kings Special Term. The Kentucky Derby Company, Inc., manufactured a game or device known as the “ Kentucky Derby.”
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Appeal by the defendant, Isidor Reichenthaler, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 10th day of January, 1921, upon the decision of the court rendered after a trial at the Kings Special Term. The Kentucky Derby Company, Inc., manufactured a game or device known as the “ Kentucky Derby.” It consisted of a mechanism by which miniature horses were driven along a miniature race course by the operation of machinery controlled by the patrons of the game. The background or scenery of the game,…
1DissentPutnam, J.
(dissenting) :
Interference with contract rights first became actionable when the relations of master and servant were involved. Long before Lumley v. Gye (2 E. & B. 216) New York courts recognized a remedy for harboring servants against one knowing of their relation. (Seidmore v. Smith, 13 Johns. 322 [1816].) If only such means or inducements as a better offer are used, with no fraud or misrepresentation, one may induce another to break off an existing contract. (Ashley v. Dixon, 48 N. Y. 430; Roseneau v. Empire Circuit Co., 131 App. Div. 429, 434.)
Posner Co. v. Jackson (223 N. Y. 325) and…
2Cases cited6 opinions
- Beekman v. MarstersMassachusetts Supreme Judicial Court · 1907
- New York Bank Note Co. v. Hamilton Bank Note Engraving & Printing Co.New York Court of Appeals · 1905
- S. C. Posner Co. v. JacksonNew York Court of Appeals · 1918
- Ashley v. . DixonNew York Court of Appeals · 1872
- Roseneau v. Empire Circuit Co.Appellate Division of the Supreme Court of the State of New York · 1909
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