Mandeville v. Harman
New Jersey Court of Chancery
1. Contracts in restraint of trade are invalid, and this is so even when the restraint imposed is partial, unless the restraint be reasonable. 2. And the test to be applied, in determining whether a restraint is reasonable or not, is to consider whether the restraint is only such as is necessary to afford a fair protection to the interest of the party in whose favor it is given, and not so large as to interfere with the interest of the public. 3. The question whether a…
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1. Contracts in restraint of trade are invalid, and this is so even when the restraint imposed is partial, unless the restraint be reasonable. 2. And the test to be applied, in determining whether a restraint is reasonable or not, is to consider whether the restraint is only such as is necessary to afford a fair protection to the interest of the party in whose favor it is given, and not so large as to interfere with the interest of the public. 3. The question whether a restraint, which is to endure during the life of the promisor or covenantor, is reasonable or not, is an undecided question…
1Opinion of the Court
Van Fleet, V. C.
This is an application for an injunction to restrain the defendant from violating his covenant. The litigants are physicians. The bill says that the complainant, by many years’ practice and diligent attention to business, has succeeded in acquiring a large and profitable practice, and that in the early part of 1885 his practice became so large as to render it necessary for him to em*187ploy an assistant, and that the defendant became his assistant, under a written contract, executed under seal, on the 22d day of April, 1885. By the contract the defendant bound himself to devote…
2Cases cited22 opinions
- Dean v. EmersonMassachusetts Supreme Judicial Court · 1869
- Cook v. JohnsonSupreme Court of Connecticut · 1879
- Baker v. . CordonSupreme Court of North Carolina · 1882
- Wiley v. BaumgardnerIndiana Supreme Court · 1884
- Smalley v. GreeneSupreme Court of Iowa · 1879
17 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Valley Medical Specialists v. FarberArizona Supreme Court · 1999
- Solari Industries, Inc. v. MaladySupreme Court of New Jersey · 1970
- Adp, LLC v. Nicole Rafferty Adp, LLCCourt of Appeals for the Third Circuit · 2019
- United Board & Carton Corp. v. BrittingNew Jersey Superior Court Appellate Division · 1960
- MAILMAN, ROSS, ETC. v. EdelsonNew Jersey Superior Court Appellate Division · 1982
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