Legal Opinion

McCall Co. v. Wright

Appellate Division of the Supreme Court of the State of New York

Decided June 18, 1909PublishedCited by 43 opinions

Appeal by the plaintiff, The McCall Company, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 12th day of April, 1909, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the defendant’s demurrer to the amended complaint.

1Opinion of the Court

Scott, J.:

Plaintiff appeals from an interlocutory judgment sustaining a demurrer to the complaint. The action is an equitable one for the enforcement of a negative covenant by defendant not to e'ngage for a limited time in any business which will compete with that carried on by the appellant. The plaintiff is engaged in the business of designing and making dress patterns, printing, publishing and circulating certain fashion publications and general advertising. It does a very large business, divided into different departments, and employs a large number of persons. The defendant, who had been…

2Cases cited3 opinions

  1. Magnolia Metal Co. v. PriceAppellate Division of the Supreme Court of the State of New York · 1901
  2. Dockstader v. ReedAppellate Division of the Supreme Court of the State of New York · 1907
  3. Davies v. RacerNew York Supreme Court · 1893

3Cited by43 opinions

  1. Toussaint v. Blue Cross & Blue ShieldMichigan Supreme Court · 1980
  2. Wood v. . Duff-GordonNew York Court of Appeals · 1917
  3. Rowe v. Great Atlantic & Pacific Tea Co.New York Court of Appeals · 1978
  4. Moran v. . Standard Oil Co.New York Court of Appeals · 1914
  5. Tymshare, Inc. v. William J. Covell. William J. Covell v. Tymshare, IncCourt of Appeals for the D.C. Circuit · 1984

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