Presbury v. Fisher & Bennett
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. It is not denied that a contract in restraint of trade generally was void at common law. This doctrine, however, is not regarded so important as formerly. 21 Wend. 158. But the contract sued on in this case is not in restraint of trade at all. There are two conditions in the bond : 1. That Eisher & Bennett should not publish. 2. That Clark should not publish. The latter is the one sued upon.
Read the full summary
Error to St. Louis Court of Common Pleas. It is not denied that a contract in restraint of trade generally was void at common law. This doctrine, however, is not regarded so important as formerly. 21 Wend. 158. But the contract sued on in this case is not in restraint of trade at all. There are two conditions in the bond : 1. That Eisher & Bennett should not publish. 2. That Clark should not publish. The latter is the one sued upon. This is certainly not a restraint upon trade. Clark was left free to act as he saw fit. It is a mere covenant of indemnity by Eisher & Bennett for a valuable…
1Opinion of the CourtScott, Judge
Fisher & Bennett were the publishers of a counterfeit detector, of which E. W. Clark was the editor. ' Presbury purchased out the interest of Fisher & Bennett in the paper, and they, for a valuable consideration, bound themselves in a penal bond to him, that neither they nor Clark should thereafter be engaged in the business of publishing any such paper. Clark afterwards published a detector, and this suit was brought to recover damages for the breach of the condition of the bond. There were two verdicts for Presbury, and after the last trial, the judgment was arrested on the ground that the…
2Cited by21 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. Hume Bros.Texas Supreme Court · 1894
- Peltz v. EicheleSupreme Court of Missouri · 1876
- Herriman v. MenziesCalifornia Supreme Court · 1896
- Prentice v. RoweMissouri Court of Appeals · 1959
- Gill v. FerrisSupreme Court of Missouri · 1884
16 more not listed; retrieve them via the Exa API.