Ru Ton v. Everitt
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Charles D. Ru Ton and another against John N. Everitt for injunction. From an injunctional order against him, defendant appeals. Eu Ton was an employé of the defendant in the business in question. In the month of December, 1896, the defendant, being in bad health, expressed his intention of going out of the business entirely, and offered to sell it to Eu Ton.
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Appeal from special term, New York county. Action by Charles D. Ru Ton and another against John N. Everitt for injunction. From an injunctional order against him, defendant appeals. Eu Ton was an employé of the defendant in the business in question. In the month of December, 1896, the defendant, being in bad health, expressed his intention of going out of the business entirely, and offered to sell it to Eu Ton. This resulted in a sale, which was consummated under a written agreement reading as follows: “New York, Dec. 18, 1896. “Beeeived from Charles D. Eu Ton the sum of one hundred dollars…
1Dissent
McLAUGHLIN, J. (dissenting).
A contract not to engage in business is not in restraint of trade so long as it is only co-extensive with the interest sought to be protected; but when the covenant goes beyond this, and thereby becomes oppressive to one of the parties without conferring a corresponding benefit upon the other, then such covenant is said to be unreasonable, and injurious to the public interests, and therefore invalid. Diamond Match Co. v. Roeber, 106 N. Y. 473, 13 N. E. 419; Bank v. King, 44 N. Y. 87; Ward v. Byrne, 5 Mees. & W. 548; Oil Co. v. Nunnemaker, 142 Ind. 560, 41 N. E.…
2Cases cited5 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Bishop v. PalmerMassachusetts Supreme Judicial Court · 1888
- The Saratoga County Bank v. . KingNew York Court of Appeals · 1870
- Consumers' Oil Co. v. NunnemakerIndiana Supreme Court · 1895
- Taylor v. SaurmanSupreme Court of Pennsylvania · 1885