Onondaga County Milk Ass'n v. Wall
New York Supreme Court
Appeal from an order made at the Lewis Special Term, denying a motion to set aside an order granting a preliminary^ injunction in this action. The injunction restrained the defendant from “the sale and delivery of milk within the territorial limits of Syracuse and within the village of Geddes, directly or indirectly, or in any manner whatever.”
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Appeal from an order made at the Lewis Special Term, denying a motion to set aside an order granting a preliminary^ injunction in this action. The injunction restrained the defendant from “the sale and delivery of milk within the territorial limits of Syracuse and within the village of Geddes, directly or indirectly, or in any manner whatever.” The plaintiff is a corporation doing business at Syracuse, having a capital of $100,000 represented by stock consisting of shares of $100 each. The defendant, February 21, 1877, owned three shares of the plaintiff’s capital stock, and transferred it to…
1Opinion of the Court
Hardin, J.:
The agreement accompanying the defendant’s transfer of three shares of the capital stock of the plaintiff to Porter is made the foundation of this action. By the agreement it is evident that the *496defendant owned the three shares of stock in plaintiff’s association and sold them for $300 to Porter, and at the same time undertook, for the period of five years, “ not to engage in the sale or delivery of milk in the city of Syracuse,” etc., * * * “in any manner whatever, to the prejudice or detriment of the said stock, or the interest of the holder thereof, or the interest and business…
2Cases cited2 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Minturn v. SeymourNew York Court of Chancery · 1820