Legal Opinion

Chipley v. Atkinson

Supreme Court of Florida

Decided January 15, 1887PublishedCited by 67 opinions

Appeal from the Circuit Court for Escambia county. Atkinson, who was plaintiff, sued Chipley, for that the plaintiff on June 16th^ 1883, was in the employment of Kehoe & "Walker, who were partners’ in the manufacture aud sale of brick, as a general superintendent of their business, under an agreement by which such employment was to be continued for a long period of time, and with a prospect and promise of an interest in the said business; and that the defendant contriving…

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Appeal from the Circuit Court for Escambia county. Atkinson, who was plaintiff, sued Chipley, for that the plaintiff on June 16th^ 1883, was in the employment of Kehoe & "Walker, who were partners’ in the manufacture aud sale of brick, as a general superintendent of their business, under an agreement by which such employment was to be continued for a long period of time, and with a prospect and promise of an interest in the said business; and that the defendant contriving and intending to injure the plaintiff did maliciously and wrongfully procure and cause the said Xehoe & Walker to…

1Opinion of the CourtJustice Raney

I. In Bowen vs. Hall, 6 Law Reports, Q. B. Div., 333, decided in 1881, the English Court of Appeal held that an action lies for maliciously procuring a breach of contract to give exclusive personal service for a time certain provided damage accrues, and that to sustain such an action it is not necessary that the employer and employe should stand in the strict relation of master and servant. The person induced to break his contract had agreed to manufacture glazed brick and baths and not to engage himself to any one else for a term of five years. This decision is founded upon one of the chains…

2Cases cited16 opinions

  1. Walker v. CroninMassachusetts Supreme Judicial Court · 1871
  2. Carew v. RutherfordMassachusetts Supreme Judicial Court · 1870
  3. Rice v. . ManleyNew York Court of Appeals · 1876
  4. Chatfield v. WilsonSupreme Court of Vermont · 1855
  5. Phelps v. . NowlenNew York Court of Appeals · 1878

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3Cited by67 opinions

  1. Truax v. RaichSupreme Court of the United States · 1915
  2. Brunswick Corporation v. Harold VinebergCourt of Appeals for the Fifth Circuit · 1967
  3. Ethyl Corp. v. BalterDistrict Court of Appeal of Florida · 1980
  4. Berry v. DonovanMassachusetts Supreme Judicial Court · 1905
  5. Knickerbocker Ice Co. v. Gardiner Dairy Co.Court of Appeals of Maryland · 1908

62 more not listed; retrieve them via the Exa API.

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