Hackenheimer v. Kurtzmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Jacob Hackenheimer and others, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Erie on the 6th day of May, 1921, upon the decision of the court rendered after a trial at the Erie Equity Term.
1Opinion of the Court
Clark, J.:
This action is brought to recover the sum of $50,000, the amount agreed upon in a contract between the parties as stipulated and liquidated damages. When plaintiffs bought the stock in the corporation of Christian Kurtzmann & Co. frtim defendant Louis S. Kurtzmann they paid a large price for it, and principally because of the value to the business of the name “ Kurtzmann.”
All parties to the contract agreed that that name should be protected for the business which had been established by Christian Kurtzmann many years ago. The defendants vendors agreed with the plaintiffs that all…
2Cases cited3 opinions
- Tode v. . GrossNew York Court of Appeals · 1891
- Dunn v. MorgenthauAppellate Division of the Supreme Court of the State of New York · 1902
- Seidlitz v. AuerbachAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by1 opinion
- DAR & Associates, Inc. v. Uniforce Services, Inc.District Court, E.D. New York · 1999