Bloom v. Home Insurance Agency
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court; John M. Bttiott, Chancellor; statement by the court. The Home Insurance Agency, one of the plaintiffs below, instituted this suit gainst the defendant, E. B. Bloom, and in its complaint prayed for an injunction restraining .the defendant, either for himself or for others, from soliciting insurance in Jefferson County, Arkansas, for five years from November x, 1905. Subsequently W. Z. Tankersley, E. M. Rosenberg, George M. Wells, and…
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Appeal from Jefferson Chancery Court; John M. Bttiott, Chancellor; statement by the court. The Home Insurance Agency, one of the plaintiffs below, instituted this suit gainst the defendant, E. B. Bloom, and in its complaint prayed for an injunction restraining .the defendant, either for himself or for others, from soliciting insurance in Jefferson County, Arkansas, for five years from November x, 1905. Subsequently W. Z. Tankersley, E. M. Rosenberg, George M. Wells, and Russell Hollis were made parties plaintiff to the action. Prior to September 16, 1905, W. Z. Tankersley, the Bell-Vernon…
1Opinion of the Court
Frauenthar, J.,
(after stating the facts.) The defendant admits the execution of the above contract, by which he agreed that he would not engage in the insurance business mentioned in said contract at the place and for the time therein set forth. Fie contends, however, that this is a contract in restraint of trade, and is therefore invalid. The doctrine that is invoked to avoid a contract in restraint of trade is based upon a public policy. But a contract is not against a sound public policy that only partially limits a person’s business, and leaves open to him practically an unlimited field…
2Cases cited11 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Wood v. . Whitehead Brothers Co.New York Court of Appeals · 1901
- Up River Ice Co. v. DenlerMichigan Supreme Court · 1897
- Arkansas & Louisiana Railway Co. v. StroudeSupreme Court of Arkansas · 1905
- Webster v. WilliamsSupreme Court of Arkansas · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- El Dorado Ice & Planing Mill Co. v. KinardSupreme Court of Arkansas · 1910
- McLeod v. MeyerSupreme Court of Arkansas · 1963
- Shapard v. LesserSupreme Court of Arkansas · 1917
- Macfadden v. JenkinsNorth Dakota Supreme Court · 1918
- Kimbro v. WellsSupreme Court of Arkansas · 1914
37 more not listed; retrieve them via the Exa API.