Montegut v. Hickson, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Hickson, Inc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of December, 1916, granting plaintiffs’ motion for judgment on the pleadings consisting of the complaint and a demurrer thereto.
1Opinion of the Court
Shearn, J.:
In the case of Burrow v. Marceau (124 App. Div. 665) Mr. Justice Ingraham, writing for a unanimous court, said: “ There is no hard and fast rule by which it can be determined when the court will interfere by injunction to prevent what is practically a fraud upon a person engaged in business by the unfair methods of competition. Each case must depend upon its own facts, but where it is clearly established that an attempt is being made by one person to get the business of another by any means that involves fraud or deceit, a court of equity will protect the honest trader and restrain…
2Cases cited1 opinion
- Burrow v. MarceauAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by14 opinions
- Cheney Bros. v. Doris Silk CorporationCourt of Appeals for the Second Circuit · 1929
- Dior v. MiltonNew York Supreme Court · 1956
- Associated Press v. International News ServiceCourt of Appeals for the Second Circuit · 1917
- H. E. Allen Mfg. Co. v. SmithAppellate Division of the Supreme Court of the State of New York · 1928
- Spiselman v. RabinowitzAppellate Division of the Supreme Court of the State of New York · 1946
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