Ru Ton v. Everitt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John R. Everitt, from an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county of Rew York on the 23d day of August, 1898, granting an injunction pendente lite, eñjoining the defendant from engaging in a certain business in violation of an agreement made with the plaintiff Ru Ton, upon the sale to Ru Ton of certain stands in West Washington Market, Rew York city.
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Appeal by the defendant, John R. Everitt, from an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county of Rew York on the 23d day of August, 1898, granting an injunction pendente lite, eñjoining the defendant from engaging in a certain business in violation of an agreement made with the plaintiff Ru Ton, upon the sale to Ru Ton of certain stands in West Washington Market, Rew York city. Ru Ton was an employee of the defendant in the business in question. In the month of December, 1896, the defendant, being in bad health, expressed…
1Opinion of the Court
Barrett, J.:
The appellant contends that his covenant here not to do business was unlimited as to space; in other words, that it embraced the entire world. This contention was undoubtedly made under the stress of the modern relaxation of the ancient rule upon the subject of covenants in restraint of trade. The courts of this State have gradually modified the original doctrine of the common law, that all restrictions upon trade are void, without regard to the circumstances of the particular case. The earlier cases here followed the old rule in England. Even as late as 1870 the Commission of…
2Cases cited12 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Leslie v. . LorillardNew York Court of Appeals · 1888
- Hodge v. . SloanNew York Court of Appeals · 1887
- Hubbard v. MillerMichigan Supreme Court · 1873
- Oakes v. Cattaraugus Water Co.New York Court of Appeals · 1894
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3Cited by5 opinions
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- Israel Goldstein v. MaiselAppellate Division of the Supreme Court of the State of New York · 1947