Strobridge Lithographing Co. v. Crane
New York Supreme Court
Appeal from special term, New York county. Action by the Strobridge Lithographing Company against William H. Crane, to restrain him from working for the Metropolitan Job Printing Office, or any other person or corporation, in violation of his contract of employment with plaintiff. Robert F. Gillen and other persons, partners under the name of the “Metropolitan Job Printing Office,” moved to be made parties defendant to the action.
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Appeal from special term, New York county. Action by the Strobridge Lithographing Company against William H. Crane, to restrain him from working for the Metropolitan Job Printing Office, or any other person or corporation, in violation of his contract of employment with plaintiff. Robert F. Gillen and other persons, partners under the name of the “Metropolitan Job Printing Office,” moved to be made parties defendant to the action. The motion was denied, and from the order entered thereon they appeal. Code Civil Proc. N. Y. § 452, provides, that “where a person, not a party to the action has…
1Opinion of the CourtBarrett, J.
The application to bring in the appellants as parties defendants should have been granted. They had an interest in the present controversy and in the subject thereof, within the meaning of section 452 of the Code. The action is not merely to enjoin Crane from working generally in violation of his contract with the plaintiffs, but from working for these appellants under a contract which he has made with them; in Other words, to restrain the execution of that contract. The appellants have thus a direct interest in the controversy. They certainly have a right to be heard before they are deprived…
2Cases cited4 opinions
- Hamblin v. DinnefordNew York Court of Chancery · 1835
- The People v. . Albany and Vermont R.R. Co.New York Court of Appeals · 1879
- Fredricks v. MayerThe Superior Court of New York City · 1857
- Fredericks v. MayerThe Superior Court of New York City · 1857
3Cited by3 opinions
- Butterick Publishing Co. v. FisherMassachusetts Supreme Judicial Court · 1909
- Nevins v. Fidelity & Casualty Co.New York Court of Common Pleas · 1895
- Roosen v. CarlsonAppellate Division of the Supreme Court of the State of New York · 1899