Legal Opinion

Dockstader v. Reed

Appellate Division of the Supreme Court of the State of New York

Decided November 22, 1907PublishedCited by 17 opinions

Appeal by the defendant, Gus Reed, from so much of 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 24th day of October, 1907, as enjoins the defendant during the pendency of the action from rendering any professional services as actor for any other person than the plaintiff.

1Opinion of the Court

Houghton, J.:

The plaintiff is the proprietor of a minstrel troupe and on the 19th day of March, 1907j the defendant contracted by written agreement ,with him at a stipulated salary per week, to sing and play until the end of the season of 1909.'

The defendant entered upon his employment and continued until September, 1907, when he abandoned his contract, claiming that his health was such that he could not continue singing and traveling about the country and parading the streets in inclement weather. The record contains an affidavit by his physician that to continue in such work and to expose…

2Cases cited2 opinions

  1. Strobridge Lithographing Co. v. CraneNew York Supreme Court · 1890
  2. Lawrence v. DixeyAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by17 opinions

  1. McCall Co. v. . WrightNew York Court of Appeals · 1910
  2. Menter Co. v. BrockSupreme Court of Minnesota · 1920
  3. McCall Co. v. WrightAppellate Division of the Supreme Court of the State of New York · 1909
  4. Super Maid Cook-Ware Corporation v. HamilCourt of Appeals for the Fifth Circuit · 1931
  5. Ridley v. KroutWyoming Supreme Court · 1947

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