Brett v. Ebel
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Pierre A. Brett against Martin G. Ebel and William Gr. Brett. From a judgment dismissing his complaint, plaintiff appeals.
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Appeal from trial term, New York county. Action by Pierre A. Brett against Martin G. Ebel and William Gr. Brett. From a judgment dismissing his complaint, plaintiff appeals. The action was brought to recover the sum of ifSOO, under a contract between 1’ne plaintiff and the defendants, the material parts of which are as follows: “Whereas, both parties are engaged in the business of shipbrokers, chartering vessels for various ports in the West Indies and South America; and whereas, 11ic party of the second part (the plaintiff here) has built up a business in freighting vessels for Port au…
1Opinion of the CourtBarrett, J.
The defendants claim that the right to solicit freights to Port au Prince was not a right that the plaintiff could sell, and consequently that it furnished no valid consideration for the contract in question. The contention proceeds upon a misconception of the nature and scope, of the contract. What the plaintiff thus sold to the defendants was the good will of his freighting business. He had been engaged in this business for some 15 years, and he was well known in it. He testified that the best shippers to Port au Prince had always given him the preference in their shipments to that port.…
2Cases cited8 opinions
- United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
- United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
- 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
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3Cited by5 opinions
- Mapes v. MetcalfNorth Dakota Supreme Court · 1901
- Rowe v. ToonSupreme Court of Iowa · 1918
- White, Corbin & Co. v. JonesAppellate Division of the Supreme Court of the State of New York · 1903
- Hillside Dairy Co. v. CommissionerUnited States Tax Court · 1944
- Brett v. EbelAppellate Division of the Supreme Court of the State of New York · 1899