Fredericks v. Mayer
The Superior Court of New York City
This action comes before the Court, at General Term, on an appeal by the plaintiffs from an order made on the 9th of March, 1857, by Mr. Justice Hoffman, dissolving a temporary injunction, and denying a motion for its continuance pendente lite. The following are the material facts of the case, as collected from the pleadings and the affidavits of the parties.
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This action comes before the Court, at General Term, on an appeal by the plaintiffs from an order made on the 9th of March, 1857, by Mr. Justice Hoffman, dissolving a temporary injunction, and denying a motion for its continuance pendente lite. The following are the material facts of the case, as collected from the pleadings and the affidavits of the parties. The bill of complaint was filed to restrain the defendant, Mayer, from painting photographic likenesses, &c., for any person or persons other than the plaintiffs, and to recover damages for his alleged breach of contract with the…
1Opinion of the CourtBy the Court. Woodruff, J.
The question argued at some length before us on this appeal is, whether the Court will interfere by injunction to restrain a breach of a contract for personal services of the description mentioned in the complaint.
Although it is conceded that the Court cannot, by its decree, compel an artist to employ his skill in his art for the plaintiffs’ benefit, it is nevertheless insisted, that where the contracting artist has agreed that he will not work for any other person, the Court will do all that it can to enforce performance by enjoining the artist not to work for any other than the plaintiffs.…
2Cases cited1 opinion
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- Butler v. GallettiThe Superior Court of New York City · 1861
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