Samuel Cupples Envelope Co. v. Lackner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Lackner, 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 26th day of September, 1904, enjoining the defendant during the pendency of the action “ from selling or delivering goods of his manufacture, or in any way attempting to sell, or deliver such goods to any persons, firms or corporations, other than the plaintiff, or from doing any other acts that…
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Appeal by the defendant, John Lackner, 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 26th day of September, 1904, enjoining the defendant during the pendency of the action “ from selling or delivering goods of his manufacture, or in any way attempting to sell, or deliver such goods to any persons, firms or corporations, other than the plaintiff, or from doing any other acts that may tend to injure the plaintiff.”
1Opinion of the Court
Laughlin, J.:
The action is based upon a contract, and although not directly for specific performance, yet this is sought indirectly by an injunction restraining a breach of the contract by the defendant. The plaintiff is engaged as a sales agent in marketing paper specialties, and it has a branch agency and agents in the city of New York and in various other places throughout the United States. The defendant is engaged in manufacturing paper specialties in the city of New York. On the 15th day of March, 1904, a contract in writing was made between the defendant and F. M. Kimbark in the name…
2Cases cited6 opinions
- Standard Fashion Co. v. . Siegel-Cooper Co.New York Court of Appeals · 1898
- Standard Fashion Co. v. Siegel-Cooper Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Mowry v. . SanbornNew York Court of Appeals · 1875
- Metropolitan Exhibition Co. v. WardNew York Supreme Court · 1890
- Standard Fashion Co. v. Siegel-Cooper Co.Appellate Division of the Supreme Court of the State of New York · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- General Electric Co. v. Westinghouse Electric Co.U.S. Circuit Court for the District of Northern New York · 1907
- Lasky v. CoverdaleAppellate Terms of the Supreme Court of New York · 1914
- Instrument Systems Corp. v. V. La Rosa & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1969
- Bethlehem Engineering Export Corp. v. ChristieDistrict Court, S.D. New York · 1939