Legal Opinion

Simon v. Linden

Appellate Terms of the Supreme Court of New York

Decided May 15, 1919PublishedCited by 2 opinions

Appeal by defendant from a judgment of the City Court of the city of New York, in favor of plaintiffs, entered upon the direction of a verdict, and from an order denying a motion for a new trial..

1Opinion of the CourtBijur, J.

Practically nothing but formal proofs were offered at the trial, and the appeal presents merely a question of law.

The plaintiffs and defendant on September 24, 1918, entered into a written agreement whereunder the plaintiffs engaged the defendant as a designer in their factory at $130 weeldy for one year beginning October seventh. The defendant accepted the position and agreed ‘ ‘ to give his entire time and attention to the entire satisfaction” of plaintiffs. Also “ not to associate or interest himself in any other business whatsoever.” One thousand dollars was fixed as liquidated damages “…

2Cases cited7 opinions

  1. Cotheal v. . TalmageNew York Court of Appeals · 1854
  2. Lampman v. . CochranNew York Court of Appeals · 1857
  3. Peabody v. O. R. & N. Co.Oregon Supreme Court · 1891
  4. Wilhelm v. EavesOregon Supreme Court · 1891
  5. Brownold v. RodbellAppellate Division of the Supreme Court of the State of New York · 1909

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3Cited by2 opinions

  1. Secord v. Portland Shopping NewsOregon Supreme Court · 1928
  2. Suburban Gas Co. v. MollicaUnited States District Court · 1943

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