Von Bremen v. . MacMonnies
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 6, 1910, modifying and affirming, as modified, an interlocutory judgment of Special Term. The order granting leave to appeal certified the following questions to tbis court: First.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 6, 1910, modifying and affirming, as modified, an interlocutory judgment of Special Term. The order granting leave to appeal certified the following questions to tbis court: First. Whether, upon the facts found in this case, the plaintiffs are entitled to an injunction against the defendants restraining them from soliciting the trade of the customers and the persons, firms and corporations who purchased merchandise from the firm of Yon Bremen, MacMonnies & Co., of…
1Opinion of the CourtWillard Bartlett, J.
On May 10, 1904, one of the plaintiffs, Henry Yon Bremen, and the defendants Frank MacMonnies and William Yon Elm entered into a copartnership under the firm name of Henry Yon Bremen & Co., subsequently changed to Yon Bremen, MacMonnies & Co., for the transaction of an importing and commission business in buying, taking on commission and selling all sorts of fancy groceries, which copartnership by the terms of the agreement was to continue until the 30th day of April, 1909. On February 10th, 1909, the defendants sold to the plaintiff Henry Yon Bremen “ all their right, title and interest in…
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