Lawrence v. Dixey

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

Decided May 24, 1907

Appellate Division of the Supreme Court of the State of New York · decided 1907-05-24

Appeal by the defendant, Henry E. Dixey, from an order of the Supreihe Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of April, 1907, continuing a temporary in junction pendente life. ;

Cited by 2 later decisions — most recently June 2001

Good law ✅— No negative treatment on recordhow we know

Decided 1907-05-24

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Clarke, J.

¶1(dissenting):

¶2I think the written contract sufficiently definite for enforcement and the character of the services to be rendered by the defendant is such as to bring the case within equitable cognizance for the ; protection of the plaintiff by injunction.

¶3■I think, however, that the injunction is too broad and should be limited to the theatrical season. The order appealed from should, therefore, be modified so as to provide that the defendant be enjoined and restrained during the regular theatrical season during the pendency of this action from rendering services as an actor to or appearing as an actor for any person other than the plaintiff, but no longer in any event than until the end of the theatrical season during the year 1907-1908, and as so modified,' affirmed.

¶4Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars'costs.