Bagley v. . Peddie
New York Court of Appeals
Appeal from the Superior Court of New-York city. On the 1st of October, 1844, Charles B. Peddie entered into sealed articles of agreement with the plaintiff, by which he covenanted to diligently serve the plaintiff; abide with him for four years, to serve him according to the best of his ability in the trade of gold pen making; perform his orders from time to time; keep the secrets relating to said business; that he would not disclose any improvement, discovery or invention…
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Appeal from the Superior Court of New-York city. On the 1st of October, 1844, Charles B. Peddie entered into sealed articles of agreement with the plaintiff, by which he covenanted to diligently serve the plaintiff; abide with him for four years, to serve him according to the best of his ability in the trade of gold pen making; perform his orders from time to time; keep the secrets relating to said business; that he would not disclose any improvement, discovery or invention of said Bagley, in the making of gold pens, or in the machinery for said manufacture; that he would be just, true and…
1Opinion of the Court
The principal question to be settled in this case is, whether the parties have so contracted as to have fixed the amount of damages to be recovered of the defendants, in case of non-performance by Charles B. Peddie. Although the courts have uniformly conceded to parties the right to fix the amount of damages in advance of the breach of the contract, and at any sum, however disproportioned to the real damages, they shall see fit, and have likewise conceded that it is a question of intention, to be derived from the scope and tenor of the agreement, yet, when the judicial mind has acted upon…
2Cases cited2 opinions
- Knapp v. MaltbyNew York Supreme Court · 1835
- Spear v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by43 opinions
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Glock v. Howard & Wilson Colony Co.California Supreme Court · 1898
- Seidlitz v. . AuerbachNew York Court of Appeals · 1920
- Tode v. . GrossNew York Court of Appeals · 1891
- Curtis v. . Van BerghNew York Court of Appeals · 1899
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