Nichol v. Martyn
Court of the King’s Bench
2 Esp. 732 (1799)
- Written by Jenny Perry, JD
Facts
Martyn (defendant) was employed by Nichol (plaintiff), an ironmonger, as a rider or traveler to take orders for Nichol’s business. Martyn’s engagement with Nichol was scheduled to expire at the beginning of the coming year, and during a trip in which Martyn continued to solicit business from country shopkeepers for Nichol, Martyn also told the shopkeepers that he would be going into business for himself after Christmas and would appreciate an order from them at that time on Martyn’s own account. Nichol brought an action against Martyn for misappropriating Nichol’s customers and alleged that Martyn had enticed Nichol’s other employees to quit their service and to enter Martyn’s service when he went into business.
Rule of Law
Issue
Holding and Reasoning (Kenyon, C.J.)
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