Watson v. . Gugino
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 8, 1910, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a hew trial. This action was brought to recover damages from the defendant on account of his alleged breach of a contract made by him with the plaintiff.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 8, 1910, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a hew trial. This action was brought to recover damages from the defendant on account of his alleged breach of a contract made by him with the plaintiff. II pon the. trial it appeared that for some time prior to October, 1904, the firm of Gugino Brothers, composed of Carmelo and Nat ale Gugino, was engaged in the manufacture and sale of…
1Opinion of the CourtVann, J.
The learned justices of the Appellate Division held that the action was not brought by one stock- . holder against another to recover for colórate losses, and that the covenant of the defendant to devote his whole time and attention to the business of the corporation was personal to the plaintiff. They also held in effect that said covenant required the defendant to continue with the corporation for a reasonable time, and that" it was a question of fact for the jury to decide “whether the agreement was broken by the defendant to the damage of the plaintiff.” (140 App. Div. 33.)
The defendant…
2Cases cited3 opinions
- Martin v. New York Life InsuranceNew York Court of Appeals · 1895
- Tatterson v. Suffolk Manufacturing Co.Massachusetts Supreme Judicial Court · 1870
- Watson v. GuginoAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by95 opinions
- Quinn v. Syracuse Model Neighborhood Corp.Court of Appeals for the Second Circuit · 1980
- Hoffman-La Roche, Inc. v. CampbellSupreme Court of Alabama · 1987
- A. S. Rampell, Inc. v. Hyster Co.New York Court of Appeals · 1957
- Parker v. BorockNew York Court of Appeals · 1959
- J. Richard Dirose v. Pk Management Corp., Nicholas A. Demare, Frank Ciccarelli, John S. Russo, Harry Kursh, Anthony Curatolo and Jerome DanskerCourt of Appeals for the Second Circuit · 1982
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