Carter v. Ferguson
New York Supreme Court
Appeal from special term, New York county. Action by Louise Dudley Carter against William J. Ferguson. There was an order denying motion for a preliminary injunction to restrain defendant from breaking a contract binding him to perform as an actor exclusively for the plaintiff, and plaintiff appeals.
1Opinion of the CourtBartlett, J.
In order to warrant the granting of a preliminary injunction to restrain the violation of a contract, it should be made to appear that the plaintiff has no adequate remedy at law. The inadequacy of the legal remedy is the test as to whether the defendant should or should not be restrained in the class of cases to which the present suit belongs. The English courts and our own have frequently granted injunctions, pendente lite, to prevent actors from performing for other parties when they have undertaken to play only for the plaintiff; but the exercise of this jurisdiction has usually been…
2Cases cited1 opinion
- Bronk v. RileyNew York Supreme Court · 1888
3Cited by4 opinions
- Columbia College of Music & School of Dramatic Art v. TunbergWashington Supreme Court · 1911
- Motown Record Corp. v. BrockertCalifornia Court of Appeal · 1984
- Associated Newspapers v. PhillipsCourt of Appeals for the Second Circuit · 1923
- Clark Paper & Manufacturing Co. v. StenackerNew York Supreme Court · 1917