Francisco v. . Smith
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 February 7, 1893, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term and ordered a new trial.
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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 February 7, 1893, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term and ordered a new trial. This action was brought to restrain defendant from carrying on a bakery and confectionery business in the village of Little Falls, and to recover damages for the violation of a contract not to engage in such business during five years from March 1, 1888. Prior to the 20th day of February, 1888, the defendant carried on…
1Opinion of the CourtEarl, J.
It is unquestioned that the agreement entered into by the defendant not to engage in the bakery and confectionery business in Little Falls during the period of five years was legal and valid, and that courts of equity will enforce such agreements for the protection of the business to which, they relate. Such an agreement is a valuable right in connection with the business it was designed to protect, and going' with the business it may be assigned, and the assignee may enforce it just as the assignor could have enforced it if he had retained the business. (Diamond Match Co. v. Roeber, 106 N.…
2Cases cited1 opinion
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
3Cited by29 opinions
- Rosen v. WolffSupreme Court of Georgia · 1922
- New York Bank Note Co. v. Hamilton Bank Note Engraving & Printing Co.New York Court of Appeals · 1905
- J. L. Cooper & Co. v. Anchor Securities Co.Washington Supreme Court · 1941
- Bradford & Carson v. Montgomery Furniture Co.Tennessee Supreme Court · 1905
- Torrington Creamery, Inc. v. DavenportSupreme Court of Connecticut · 1940
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