Legal Opinion

Diamond Match Co. v. . Roeber

New York Court of Appeals

Decided October 4, 1887PublishedCited by 234 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, made March 20, 1885, which modified as to an additional allowance of costs and affirmed, as modified, a judgment in favor of plaintiff,entered . upon a decision of the court on trial at Special Term.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, made March 20, 1885, which modified as to an additional allowance of costs and affirmed, as modified, a judgment in favor of plaintiff,entered . upon a decision of the court on trial at Special Term. This action was brought to restrain the defendant from engaging in the manufacture or sale of friction matches in violation of a covenant in a bill of sale executed by defendant, which is set forth in the opinion, wherein also the material facts are stated.

1Opinion of the CourtAndrews, J.

Two questions are presented: First. Whether the covenant of the defendant contained in the bill of sale executed by him to the Swift & Courtney & Beecher Company on the 27th day of August, 1880, “ that he shall and will not, at any time or times within ninety-nine years, directly or indirectly engage in the manufacture or sale of friction matches (excepting in the capacity of agent pr employe of said The Swift & Courtney & Beecher Company), within any of the several States of the United States of America, or in the territories thereof, or within the District of Columbia, excepting and…

2Cases cited9 opinions

  1. Oregon Steam Navigation Co. v. WinsorSupreme Court of the United States · 1874
  2. Hubbard v. MillerMichigan Supreme Court · 1873
  3. Merrick v. . Van SantvoordNew York Court of Appeals · 1866
  4. Morse Twist Drill & Machine Co. v. MorseMassachusetts Supreme Judicial Court · 1869
  5. Dunlop v. . GregoryNew York Court of Appeals · 1851

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3Cited by234 opinions

  1. United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
  2. United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
  3. Glock v. Howard & Wilson Colony Co.California Supreme Court · 1898
  4. Purchasing Associates, Inc. v. WeitzNew York Court of Appeals · 1963
  5. Ticor Title Insurance Co. Chicago Title Insurance Co. v. Kenneth C. CohenCourt of Appeals for the Second Circuit · 1999

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