Alcock v. Giberton
The Superior Court of New York City
The case arose upon an appeal from an order of Justice Hoffman at Special Term, overruling a demurrer to a complaint, and giving judgment against the defendants, unless they should answer and pay costs within twenty days.
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The case arose upon an appeal from an order of Justice Hoffman at Special Term, overruling a demurrer to a complaint, and giving judgment against the defendants, unless they should answer and pay costs within twenty days. The statements of the complaint, and the points raised, are fully set forth in the opinion of the Judge at Special Term, which is as follows:— The questions arise upon an agreement, dated the twenty-ninth day of December, 1853, made between the present plaintiff and defendants. By that agreement, the plaintiff engaged to sell to the defendants “all his right, title and…
1Opinion of the Court
By the Court.
We concur in the decision of the Judge at Special Term overruling the demurrer, and giving judgment for the plaintiff. We consider that he is clearly right in the first point stated in his opinion, viz., That the covenant not to use the secret mode of conducting the business, or manufacturing the teeth, was valid in itself. We do not find it necessary to consider the other important question raised by the learned Judge, as to the effect of a union in the same instrument, of a covenant prohibited by law, or against public policy, with another of a perfectly valid character, and…
2Cited by6 opinions
- Mandeville v. HarmanNew Jersey Court of Chancery · 1886
- National Gum & Mica Co. v. BraendlyAppellate Division of the Supreme Court of the State of New York · 1898
- Hard v. SeeleyNew York Supreme Court · 1865
- Mackinnon Pen Co. v. Fountain Ink Co.The Superior Court of New York City · 1882
- Arnot v. Pittston & Elmira Coal Co.New York Supreme Court · 1874
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