Ru Ton v. Everitt
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Charles D. Ru Ton and another against John N. Everitt for injunction. From an injunctional order against him, defendant appeals. Eu Ton was an employé of the defendant in the business in question. In the month of December, 1896, the defendant, being in bad health, expressed his intention of going out of the business entirely, and offered to sell it to Eu Ton.
Read the full summary
Appeal from special term, New York county. Action by Charles D. Ru Ton and another against John N. Everitt for injunction. From an injunctional order against him, defendant appeals. Eu Ton was an employé of the defendant in the business in question. In the month of December, 1896, the defendant, being in bad health, expressed his intention of going out of the business entirely, and offered to sell it to Eu Ton. This resulted in a sale, which was consummated under a written agreement reading as follows: “New York, Dec. 18, 1896. “Beeeived from Charles D. Eu Ton the sum of one hundred dollars…
1Opinion of the CourtBarrett, J.
The appellant contends that his covenant here not to do business was unlimited as to space; in other words, that it embraced the entire world. This contention was undoubtedly made under the stress of the modern relaxation of the ancient rule upon the subject of covenants in restraint of trade. The courts of this state have gradually modified the original doctrine of the common law that all restrictions upon trade are void, without regard to the circumstances of the particular case. The early cases here followed the old rule in England. Even as late as 1870 the commission of appeals, speaking…
2Cases cited15 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Leslie v. . LorillardNew York Court of Appeals · 1888
- Hodge v. . SloanNew York Court of Appeals · 1887
- Hubbard v. MillerMichigan Supreme Court · 1873
- Oakes v. Cattaraugus Water Co.New York Court of Appeals · 1894
10 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Boggs v. FriendWest Virginia Supreme Court · 1916