Brett v. Ebel
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Pierre Y. A. Brett, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 21st day of December, 1897, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 10th day of January, 1898, denying the plaintiffs motion for leave to go to the jury on specific questions.
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Appeal by the plaintiff, Pierre Y. A. Brett, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 21st day of December, 1897, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 10th day of January, 1898, denying the plaintiffs motion for leave to go to the jury on specific questions. The action was brought to recover the sum of $300, under a contract between the plaintiff and the defendants, the…
1Opinion of the Court
Barrett, J.:
The defendants claim that the right to solicit freights to Port au Prince was not a right that the plaintiff could sell, and consequently that it furnished no valid consideration for the contract in question. The contention proceeds upon a misconception of the nature and scope of the contract. What the plaintiff thus sold to the defendants was the good will of his freighting business. He had been engaged in this business for some fifteen years and he was well known in it. He testified that the best shippers to Port au Prince had always given him the preference in their shipments…
2Cases cited3 opinions
- United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Hodge v. . SloanNew York Court of Appeals · 1887
3Cited by10 opinions
- General Aniline & Film Corp. v. Bayer Co.New York Court of Appeals · 1953
- Wood v. . Whitehead Brothers Co.New York Court of Appeals · 1901
- Mapes v. MetcalfNorth Dakota Supreme Court · 1901
- People v. KlawNew York Court of General Session of the Peace · 1907
- Rowe v. ToonSupreme Court of Iowa · 1918
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