Clark v. Crosby
Supreme Court of Vermont
Action on the Case. Plea, the general issue. Trial by the court, September Term, 1863, Peck, J., presiding. The facts are fully set forth in the opinion of the court. Judgment for the plaintiff.
Read the full summary
Action on the Case. Plea, the general issue. Trial by the court, September Term, 1863, Peck, J., presiding. The facts are fully set forth in the opinion of the court. Judgment for the plaintiff. Exceptions by the defendant. cited upon the point that the county court had no jurisdiction, Heffiin v. Bell, 30 Vt. 134; Henry v. Tilson, 17 Vt. 479 ; Kittridge v. BolUns et al., 12 Vt. 541., cited upon the question of juris- diction, in addition to cases cited in the opinion of the court, Ladd v. Hill, 4 Vt. 164 ; Stanley v. Barker, 25 Vt. 507 ; Willard v. Collamer, 34 Vt. 594 ; and upon the point…
1Opinion of the CourtKellogg, J.
The contract of the defendant upon Which the plaintiff relies in this case is not subject to exception on the ground that it was illegal as being in restraint of trade. The restraint contemplated by it was only a partial and not a general restraint. A contract for a limited and partial restraint of trade has always been held valid, if reasonable, and made on a good consideration. Chitty on Contracts, 10 Amér. Edit, 736, et seq, The reasonableness of this contract, the fairness of its terms, and the sufficiency of the consideration for it, have not been questioned in argument.
The defendant…
2Cases cited2 opinions
- Henry v. TilsonSupreme Court of Vermont · 1845
- McGray v. WheelerSupreme Court of Vermont · 1846
3Cited by6 opinions
- Beatty v. CobleIndiana Supreme Court · 1895
- Mandeville v. HarmanNew Jersey Court of Chancery · 1886
- Keith v. Herschberg Optical Co.Supreme Court of Arkansas · 1886
- Parkhurst v. BrookSupreme Court of Vermont · 1900
- Downing v. LewisNebraska Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.