Greenfield v. . Gilman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made September 13¿ 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made September 13¿ 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. In order to practice medicine and surgery, one must perform frequently, or systematically, or habitually, those acts, the performance of which devolves upon a physician and surgeon as such. (Snyder v. Hoffman, 64 N. Y.…
1Opinion of the CourtMaynard, J.
The plaintiff has recovered in this action for an alleged breach of a covenant with defendants’ testator not to practice medicine or surgery within a prescribed territory for a period of five years. For convenient description the defendants’ testator will be referred to as the defendant. The contracting parties were physicians and surgeons at Durhamville, Oneida county. The defendant had been practicing medicine at that place for ten or twelve years, and the plaintiff had but recently moved there, when, on April 11th, 1884, they entered into an agreement by the terms of which they were to…
2Cited by13 opinions
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- De Long Corporation v. LucasDistrict Court, S.D. New York · 1959
- Peoples Trust Co. v. Schultz Novelty & Sporting Goods Co.New York Court of Appeals · 1926
- Merica v. BurgetIndiana Court of Appeals · 1905
- Franklin v. Forever Venture, Inc.South Dakota Supreme Court · 2005
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