Legal Opinion · Dissent

Little v. Gallus

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1896Published

■ Appeal by the plaintiff, Adalbert P. Little, from a. judgment of-the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 7th. day of March, 1895, upon the decision of the .court, rendered after a trial át the Monroe Equity Term, dismissing the plaintiff’s complaint upon the merits. ■ The action was brought to restrain the defendants from using or disclosing secrets of trade or manufacture which .'belonged to thp…

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■ Appeal by the plaintiff, Adalbert P. Little, from a. judgment of-the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 7th. day of March, 1895, upon the decision of the .court, rendered after a trial át the Monroe Equity Term, dismissing the plaintiff’s complaint upon the merits. ■ The action was brought to restrain the defendants from using or disclosing secrets of trade or manufacture which .'belonged to thp plaintiff,: and which the defendants Gallus and Bostwick became-possessed of. while in his employ. : It Is alleged in the…

1Dissent

Green, J. (dissenting):. There was no agreement in writing between these parties, nor is there any evidence tending ,to show that at the time these defendants, or either of them, entered the employment of plaintiff, he informed them of the necessity of keeping secret the knowledge they might acquire in the performance of their duties, or that' their relations" were of. a confidential character;. though- the plaintiff testifies that shortly after Gallus entered his employment, and on Several occasions thereafter, he was cautioned to keep secret from others what he might, learn of the…

2Cases cited17 opinions

  1. Hapgood v. HewittSupreme Court of the United States · 1886
  2. Peabody v. NorfolkMassachusetts Supreme Judicial Court · 1868
  3. Tabor v. . HoffmanNew York Court of Appeals · 1889
  4. Bristol v. Equitable Life Assurance SocietyNew York Court of Appeals · 1892
  5. Amoskeag Manufacturing Co. v. SpearThe Superior Court of New York City · 1849

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