Mutual Milk & Cream Co. v. Prigge
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Prigge, from an order of the Supreme Court' made at the Pew York Special Term and entered in the office of the clerk of the county of pew York on the 18th day of January, 1906, as resettled by an order entered on the 31st day of January, 1906, enjoining the defendant during the pendency of the action from soliciting. orders for milk or cream from, and from serving milk or cream to, any or all persons who were customers of the plaintiff while…
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Appeal by the defendant, John Prigge, from an order of the Supreme Court' made at the Pew York Special Term and entered in the office of the clerk of the county of pew York on the 18th day of January, 1906, as resettled by an order entered on the 31st day of January, 1906, enjoining the defendant during the pendency of the action from soliciting. orders for milk or cream from, and from serving milk or cream to, any or all persons who were customers of the plaintiff while defendant was in the employ of the plaintiff.
1Opinion of the Court
Laughlin, J.:
The plaintiff had a milk route in the city of Pew York, and on the 15th day of August, 1905, the defendant entered its employ as a driver of a delivery wagon. The duties of the defendant were to deliver milk and cream and collect therefor. On the'31st-day of August, 1905, as a condition of continuing in the employ of the plaintiff, the defendant signed a contract in writing, whereby he agreed, among other things, not to solicit business from the custom*653ers of the plaintiff or deliver milk or cream to them within three years after leaving its employ. It was agreed that the contract…
2Cases cited2 opinions
- Rice v. . ButlerNew York Court of Appeals · 1899
- Pierce v. LeeCity of New York Municipal Court · 1901
3Cited by17 opinions
- Clark Paper & Manufacturing Co. v. StenacherNew York Court of Appeals · 1923
- Witkop & Holmes Co. v. BoyceNew York Supreme Court · 1908
- Mutual Milk & Cream Co. v. HeldtAppellate Division of the Supreme Court of the State of New York · 1907
- I.C. v. Delta Galil USADistrict Court, S.D. New York · 2015
- Pankas v. BellSupreme Court of Pennsylvania · 1964
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