Hodge v. . Sloan
New York Court of Appeals
Appeal from judgment of the.General Term of the Supreme Court in the third judicial department, entered upon an order made May 6, 1884, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term.
Read the full summary
Appeal from judgment of the.General Term of the Supreme Court in the third judicial department, entered upon an order made May 6, 1884, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to restrain the defendant from selling sand taken from land conveyed by the plaintiff to John D. Sloan, and by him to the defendant, in violation of a covenant contained in the deed to John D. Sloan, and of which the defendant, when he bought, had notice. The complaint was dismissed. After an appeal to this court from the…
1Opinion of the CourtDanforth, J.
The conclusion of the trial court is against our ideas of natural justice, for it takes from one party an advantage which he refused to sell, and secures to the other without price a privilege which his grantor was unable to buy. Nor do we find that this denial of private right is required by any rule of public policy. Assuming with the respondent that the covenant is in restraint of trade, it is still valid if it imposes no restriction upon one party which is not beneficial to the other, and was induced by a consideration which made it reasonable for the parties to enter into it, or in other…
2Cases cited6 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by83 opinions
- United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
- In re GreeneU.S. Circuit Court for the District of Ohio · 1892
- Orange & Rockland Utilities, Inc. v. Philwold Estates, Inc.New York Court of Appeals · 1981
- Beasley v. Texas & Pacific Railway Co.Supreme Court of the United States · 1903
- Farr v. NewmanNew York Court of Appeals · 1964
78 more not listed; retrieve them via the Exa API.