Legal Opinion

The Saratoga County Bank v. . King

New York Court of Appeals

Decided December 28, 1870PublishedCited by 46 opinions

Appeal from the Supreme Court, at General Term, third district. The judgment below was entered upon the report of Hon. Platt Potter, referee, in favor of the defendants, , dismissing the complaint with costs. The General Term, upon appeal, affirmed the judgment.

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Appeal from the Supreme Court, at General Term, third district. The judgment below was entered upon the report of Hon. Platt Potter, referee, in favor of the defendants, , dismissing the complaint with costs. The General Term, upon appeal, affirmed the judgment. The action was brought by the plaintiffs, as assignees of a written instrument, signed by the defendants, of which the following is a copy, viz.: “ $2,000. On or before the first day of September, 1860, for value received, we promise to pay to the order of William Platt and James Holroyd, two thousand dollars, .with interest annually,…

1Opinion of the Court

Leonard, C.

It is conceded by both parties, that the covenant contained in the bill of sale, and the proviso attached to the obligation for $2,000 are illegal and void. There is no doubt that the concession is correct. Agreements restraining the use of any occupation or trade beyond a locality of very moderate extent, are illegal and void on grounds of public policy. It is insisted by the plaintiffs, that the vendors have delivered to the defendants a large amount of valuable property, for which the defendants are liable as purchasers, and that the consideration for the promise to pay being…

2Cases cited3 opinions

  1. Leavitt v. . PalmerNew York Court of Appeals · 1849
  2. Tilton v. BeecherNew York Court of Appeals · 1874
  3. Phelps v. RaceyNew York Court of Appeals · 1875

3Cited by46 opinions

  1. Kirschner v. KPMG LLPNew York Court of Appeals · 2010
  2. Arnot v. . Pittston and Elmira Coal Co.New York Court of Appeals · 1877
  3. Edwards County v. JenningsTexas Supreme Court · 1896
  4. Santa Clara Valley Mill and Lumber Co. v. HayesCalifornia Supreme Court · 1888
  5. Knowlton v. . Congress Empire Spring Co.New York Court of Appeals · 1874

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