Vincent v. King
New York Supreme Court
The complaint in this action shows,- that on the 22d day of September, 1856, the parties made an agreement in writing, whereby, for and in consideration of $250, which the plaintiff paid to the defendant, the defendant agreed to sell, and did sell and deliver to the plaintiff, all the furniture, fixtures and appurtenances belonging to the barber-shop of the defendant, situated in the village of Owego, (with the exception of the razors and tools of his trade,) and all his…
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The complaint in this action shows,- that on the 22d day of September, 1856, the parties made an agreement in writing, whereby, for and in consideration of $250, which the plaintiff paid to the defendant, the defendant agreed to sell, and did sell and deliver to the plaintiff, all the furniture, fixtures and appurtenances belonging to the barber-shop of the defendant, situated in the village of Owego, (with the exception of the razors and tools of his trade,) and all his right, title and interest in and to said furniture, fixtures and appurtenances. And the defendant, in consideration of. the…
1Opinion of the Court
Balcom, Justice.
It is immaterial whether the defendant is Working at the barbers’ trade in Owego, as the servant of Isaacs, or is there carrying on the business of a barber on his own account, and exclusively for his own benefit, for he covenanted not to exercise or follow his trade and employment of shaving, hair-dressing, or hair-cutting in Owego, for the term of one year from the 22d day of September, 1856. He is exercising and following such trade there, though he be the servant of Isaacs» He has, therefore, violated his covenant with the plaintiff.
It is very doubtful whether the…
2Cases cited5 opinions
- Smith v. SmithNew York Supreme Court · 1830
- Nobles v. BatesNew York Supreme Court · 1827
- Walker v. DevereauxNew York Court of Chancery · 1833
- Lawrence v. KidderNew York Supreme Court · 1851
- Mott v. MottNew York Supreme Court · 1851
3Cited by5 opinions
- McCaull v. BrahamU.S. Circuit Court for the District of Southern New York · 1883
- Nelson v. JohnsonSupreme Court of Minnesota · 1888
- Forman v. HealeyNorth Dakota Supreme Court · 1903
- Horowitz v. DeckerAppellate Terms of the Supreme Court of New York · 1904
- Phenix Insurance v. Continental InsuranceNew York City Court · 1873