 In all restraints of trade, where nothing more appears, the law presumes them bad ; but if the circumstances are set forth, that presumption is excluded, and the court is to judge of those circumstances, and determine accordingly ; and if upon them it...  Times Law Reports - Page 356edited by - 1899Full view - About this book
 | Great Britain. Court of Chancery - Equity - 1787 - 848 pages
...circumftances are fet forth, that prefumption is excluded, and the court is to judge of thofe circumftances, and determine accordingly ; and if upon them it appears to be a juft and honcft contract, it ought to be maintained. For thcfe rcafons we are of opinion, that the... | |
 | Samuel Comyn - Contracts - 1807 - 646 pages
...circumftances are fet forth, that prefumption is excluded, and the Court is to judge of thofe circumltances, and determine accordingly; and if upon them it appears to be a juft and honeft contract, it ought to be maintained. For thefe reafons we are of opinion, that the... | |
 | Great Britain. Court of Chancery - Equity - 1826 - 654 pages
...restraint is exactly proportioned to the consideration, (viz.) the term of five years. To conclude : In all restraints of trade, where nothing more appears,...just and honest contract, it ought to be maintained, (y) (z) Collins v. Blantern, 2 Wils. v. Farlow, 1 Mer. 459. though it has 347. been determined that... | |
 | Law reports, digests, etc - 1829 - 964 pages
...Lordship concluded — (9)" In all restraints of trade, l7) 1 P. Wws. 191, ?. (8) Id. 196, 7. (9) Id. 197. where nothing more appears, the law presumes them...just and honest contract, it ought to be maintained :" and the plaintiff there had judgment. According, therefore, to the. reasoning of that case, the... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 1830 - 630 pages
...Parker, in concluding the judgment of the Court in Mitchel v. Reynolds, laid down this ru\e(d), that, " in all restraints of trade, where nothing more appears,...that presumption is excluded, and the Court is to «. (a) 1 P. Wms. 181. (c) 2 Wins. Saund. 156 a. b) Id. 192. (rf) 1 P. Wms. 197judge of those circumstances,... | |
 | John William Smith - Law reports, digests, etc - 1841 - 744 pages
...restraint is exactly proportioned to the consideration, viz., the term of five years. To conclude. In all restraints of trade, where nothing more appears,...just and honest contract, it ought to be maintained. For these reasons, we are of opinion, that the plaintiff ought to have judgment. " THE general rule... | |
 | New York (State). Supreme Court, John Lansing Wendell - Law reports, digests, etc - 1846 - 718 pages
...Mitchell v. Reynolds, 1 P. Wms. 181, Ch. J. Parker concludes his elaborate argument in these words : " In all restraints of trade, where nothing more appears,...just and honest contract, it ought to be maintained." In. this I fully concur. The law starts with the presumption that the contract is void ; and it is... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1864 - 496 pages
...special circumstances, which induced the making of it. Of these circumstances the Court must judge ; and if, upon them, it appears to be a just and honest contract, it will be maintained, (a) From examining the pleadings in this case, all that can be collected respecting... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1866 - 626 pages
...ceases." In the opinion of PARKER, Justice, in Mitchell v. Reynolds* IP. Williams 181, it is stated, "That in all restraints of trade,, where nothing more appears,...presumption is excluded, and the court is to judge of these circumstances VOL. XXV.— 8. Harrison and Others v. Lockhart. and determine accordingly, and... | |
 | Law - 1857 - 664 pages
...Macclesfield, and one of the ablest of our great equity judges, presumes all restraints of trade to be bad ; but if the circumstances are set forth that...just and honest contract, it ought to be maintained. (Mitchcl v. Reynolds, 1 P. Wm>. 181). Bonds obtained by undue influence, and upon a suppression of... | |
| |
