3 Thomp. & Cook 781
Decided April 15, 1874
New York Supreme Court · decided 1874-04-15
The action was brought by George W. Stephens against Ephraim J. Anils, to restrain defendant from carrying on the business of making iron castings, in the village of Oramel, Allegany county, or within ten miles thereof, it being alleged that he had agreed not to do so, which defendant denied. The trial court upon the facts found against the plaintiff.
Relies on Chappel v. Brockway
Decided 1874-04-15
¶1The head-note states the point upon which the judgment was affirmed. The affirmance was made with the modification that the judgment should be without prejudice to plaintiff’s right to sue at law. The following authorities were cited in the opinion:
¶2Upon the right to enforce such contracts at law, Chappel v. Brockway, 21 Wend. 158; Rose v. Sadgbee, id. 166. As to the power of a court of equity to enforce it, Collins v. Plumb, 16 Ves. 454.
¶3Judgment as modified affirmed.