Lamb v. S. Cheney & Son
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered February 1, 1918, which affirmed an order of Special Term overruling a demurrer to the complaint. The nature of the action, the facts, so far as material, and the question certified are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered February 1, 1918, which affirmed an order of Special Term overruling a demurrer to the complaint. The nature of the action, the facts, so far as material, and the question certified are stated in the opinion. The complaint is insufficient because it does not allege the defendant’s willful and malicious intent and purpose to injure the plaintiff by depriving him of the employee’s services as provided in the contract. (Posner Co. v. Jackson, 223 N. Y. 325; De Jong v.…
1Opinion of the CourtMcLaughlin, J.
This action was brought to recover damages alleged to have been sustained by reason of the defendant’s inducing a third party to break his contract of employment with the plaintiff. A demurrer to the complaint was overruled, an appeal taken to the Appellate Division, third department, where the order was affirmed, two of the justices dissenting, leave then given to appeal to this court, and the following question certified: “ Does the complaint state facts sufficient to constitute a cause of action? ”
The complaint alleges, in substance, that prior to October, 1915, the plaintiff entered into…
2Cases cited17 opinions
- Truax v. RaichSupreme Court of the United States · 1915
- Hitchman Coal & Coke Co. v. MitchellSupreme Court of the United States · 1916
- Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1894
- Walker v. CroninMassachusetts Supreme Judicial Court · 1871
- Rice v. . ManleyNew York Court of Appeals · 1876
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3Cited by122 opinions
- Israel v. Wood Dolson Co.New York Court of Appeals · 1956
- NBT Bancorp Inc. v. Fleet/Norstar Financial Group, Inc.New York Court of Appeals · 1996
- Hornstein v. PodwitzNew York Court of Appeals · 1930
- Exchange Bakery & Restaurant, Inc. v. RifkinNew York Court of Appeals · 1927
- A. S. Rampell, Inc. v. Hyster Co.New York Court of Appeals · 1957
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