Legal Opinion

Von Bremen v. MacMonnies

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

Decided May 13, 1910PublishedCited by 4 opinions

Cross-appeals by the plaintiffs, Henry-You Bremen and another, individually and as copartners, etc., and by the defendants, Frank MacMonnies and another, individually and as copartners, etc., from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 5th day of February, 19.10, upon the decision of the court rendered after a trial at the New York Special Term, the defendants'appealing from, the whole judgment and the plaintiffs…

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Cross-appeals by the plaintiffs, Henry-You Bremen and another, individually and as copartners, etc., and by the defendants, Frank MacMonnies and another, individually and as copartners, etc., from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 5th day of February, 19.10, upon the decision of the court rendered after a trial at the New York Special Term, the defendants'appealing from, the whole judgment and the plaintiffs from certain parts. On the 10th of May, .1904, the plaintiff Yon Bremen and the defendants MacMonnies and Yon Elm…

1Opinion of the Court

Miller, J.:

The important question in this case is whether the defendants may lawfully solicit the customers of the old firm. .As bearing upon •that question, certain facts need to be stated, the right to consider Which depends on the view taken of the effect of the sale by the defendants to the plaintiff Yon Bremen. It is undisputed, and the court found, that the plaintiff Yon Bremen understood that the defendants were to engage in a competing business. They had previously offered him $56,500 for his interest if lie would agree not to engage in a competing business for two years, and he had…

2Cases cited3 opinions

  1. People Ex Rel. A.J. Johnson Co. v. . RobertsNew York Court of Appeals · 1899
  2. Hutchinson v. NayMassachusetts Supreme Judicial Court · 1905
  3. Close v. FlesherNew York Court of Common Pleas · 1894

3Cited by4 opinions

  1. Kates v. BokAppellate Division of the Supreme Court of the State of New York · 1910
  2. Kates v. BokAppellate Division of the Supreme Court of the State of New York · 1910
  3. Kates v. BokAppellate Division of the Supreme Court of the State of New York · 1910
  4. People ex rel. Ackerman v. StoverAppellate Division of the Supreme Court of the State of New York · 1910

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