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Rochester v. Bergen

John C. Rochester, Appellant, v. Hugh G. Bergen Et Al., Respondents

Rochester v. Bergen, 51 N.E.2d 933 (N.Y. 1943)
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Court
New York Court of Appeals · State Highest Courts
Decided
October 14, 1943
Judges
<italic>Per Curiam.</italic>
Citations
51 N.E.2d 933291 N.Y. 6561943 N.Y. LEXIS 1754

Opinion of the Court — Per Curiam

Per Curiam.

Paragraph 3 of the agreement is invalid. Paragraph 2 is inseparable from paragraph 3 and falls with it. There has been no refusal or failure to perform any other provision of the agreement. The judgment appealed from denying specific performance and dismissing the complaint is therefore affirmed, with costs.

The judgment should be affirmed, with costs.

Lehman, Ch. J., Loughran, Rippey, Lewis, Conway, Desmond and Thacher, JJ., concur.

Judgment affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

  • ("The directors of a corporation may not [via a 10-year employment contract] thus fetter in advance their discretion as to the selection and maintenance in office of the officers of a corporation.”)
1950: 11963: 12001: 119502026peak 1950 · 1

Relies on it most ⓘ

  1. Pereira v. Cogan267 B.R. 500 (S.D.N.Y. 2001)
  2. In re the Estate of Hirshon192 N.E.2d 174 (N.Y. 1963) · Dissent
  3. Lockley v. Robie276 A.D.2d 291 (1950)

Most recent

  1. Pereira v. Cogan267 B.R. 500 (S.D.N.Y. 2001)
  2. In re the Estate of Hirshon192 N.E.2d 174 (N.Y. 1963) · Dissent
  3. Lockley v. Robie276 A.D.2d 291 (1950)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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