Legal Opinion

Little v. Gallus

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

Decided March 22, 1899PublishedCited by 2 opinions

Appeal from special term. Suit by Adalbert P. Little against Alfred W. Gallus and others. Decree for plaintiff, and defendants appeal.

1Per curiam

This action is not to enforce the specific performance of a contract entered into between the litigants, or to restrain the violation of such a contract. The court correctly found, in its second finding of fact, that the rights which the plaintiff sought to have established and enforced did not rest in contract, but arose out of a violation of duty having its origin in the relation of employer and employé, which once existed, when the defendants were infants, but! was some years ago terminated by the plaintiff. We think the injunction relief granted by the final judgment is too indefinite and…

2Cases cited6 opinions

  1. Clark v. ClarkNew York Supreme Court · 1857
  2. Miller v. Receiver of the Franklin BankNew York Court of Chancery · 1829
  3. Moat v. HolbeinNew York Court of Chancery · 1834
  4. Wood v. BakerNew York Supreme Court · 1891
  5. Laurie v. LaurieNew York Court of Chancery · 1841

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3Cited by2 opinions

  1. Stone v. GossSupreme Court of New Jersey · 1903
  2. Witkop & Holmes Co. v. BoyceNew York Supreme Court · 1908

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