Majority
p. 603Ward Baking Company, Respondent, v. Robert W. Tolley et al., Appellants. (Argued May 31, 1928; decided June 19, 1928.)
Headnote
Master and servant — contract — injunction restraining employee from violating terms of contract of employment by entering service of another or divulging trade secrets.Ward Baking Co. v. Tolley, 222 App. Div. 653 , affirmed.
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department,
p. 604
entered November 28, 1927, affirming a judgment in favor of plaintiff entered upon the report of a referee. The action was to restrain the defendant Robert W. Tolley from violating his contract of employment with the plaintiff and to restrain the defendant Tolley Cake Corporation from co-operating therein. The judgment restrained the defendant Tolley for a period of ten years after leaving plaintiff’s employ from entering into or continuing in the employ of defendant corporation, or any one else engaged in the same business within certain territorial limits and from revealing the secret processes of the plaintiff, and defendant corporation was restrained from receiving or using information of such secret processes.
Daniel Day Walton and Lemuel Bannister for appellants.
William H. Button and Albert R. Jube for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.