Tode v. . Gross
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 11, 1889, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 11, 1889, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial without a jury. This was an action to recover the' sum of $5,000 as stipulated damages for breach of covenant On the 15th of October, 1884, the defendant owned a cheese factory situate in the town of Monroe, Orange county, comprising two parcels of land with the buildings thereon and a quantity "of fixtures, machinery and tools connected therewith. For some…
1Opinion of the CourtVAmr, J.
The business carried on by the defendant was founded on a secret process known only to herself and her agents. She had the right to continue the business, and, by keeping her secret, to enjoy its benefits to any practicable extent. She also had the right to sell the business, including as an essential part thereof the secret process, and, in order to place the purchasers in the same position that she occupied, to promise to divulge the secret to them alone and to keep it from everyone else. In no other way could she sell what she had and get what it was worth. Having the right to make this…
2Cases cited1 opinion
- Bagley v. . PeddieNew York Court of Appeals · 1857
3Cited by45 opinions
- United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
- McCall Co. v. . WrightNew York Court of Appeals · 1910
- New York Bank Note Co. v. Hamilton Bank Note Engraving & Printing Co.New York Court of Appeals · 1905
- John D. Park & Sons Co. v. HartmanCourt of Appeals for the Sixth Circuit · 1907
- Stone v. GossSupreme Court of New Jersey · 1903
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