S. C. Posner Co. v. Jackson
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 10, 1915, affirming a judgment in favor of defendants entered upon an order of Special Term directing a dismissal of the complaint, the defendants having failed to serve an amended complaint pursuant to leave granted by a prior order of said Appellate Division which reversed an order of Special Term overruling a demurrer to the complaint and sustaining…
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 10, 1915, affirming a judgment in favor of defendants entered upon an order of Special Term directing a dismissal of the complaint, the defendants having failed to serve an amended complaint pursuant to leave granted by a prior order of said Appellate Division which reversed an order of Special Term overruling a demurrer to the complaint and sustaining such demurrer. The plaintiff by its complaint alleged that it is a corporation, and that it “ Was and still is engaged in…
1Opinion of the CourtChase, J.
The sufficiency- of the complaint is challenged. In considering this appeal we' must take its allegations as true. The plaintiff’s. right to recover thereon, if at all depends,
1. Upon its right to the employee’s services pursuant to the express contract for a definite period of time.
' 2. The defendants’ knowledge of the contract and of the same being valuable, important and essential to the plaintiff in maintaining its business as the defendants’ competitor.
3. The defendants’ willful and malicious intent and purpose to injure the plaintiff by depriving it of such employee’s services as…
2Cases cited19 opinions
- Dr. Miles Medical Co. v. John D. Park & Sons Co.Supreme Court of the United States · 1911
- Hitchman Coal & Coke Co. v. MitchellSupreme Court of the United States · 1916
- Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1894
- Walker v. CroninMassachusetts Supreme Judicial Court · 1871
- Doremus v. HennessyIllinois Supreme Court · 1898
14 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- NBT Bancorp Inc. v. Fleet/Norstar Financial Group, Inc.New York Court of Appeals · 1996
- Hornstein v. PodwitzNew York Court of Appeals · 1930
- Exchange Bakery & Restaurant, Inc. v. RifkinNew York Court of Appeals · 1927
- Lamb v. S. Cheney & SonNew York Court of Appeals · 1920
- Felsen v. Sol Cafe Manufacturing Corp.New York Court of Appeals · 1969
41 more not listed; retrieve them via the Exa API.