115 A.2d 427 (Conn. 1955), Eastern Elec. Const. Co. v. Morrissey

Citation:115 A.2d 427, 142 Conn. 742
Opinion Judge:PER CURIAM.
Party Name:The EASTERN ELECTRIC CONSTRUCTION COMPANY v. Thomas F. MORRISSEY.
Attorney:Gregory C. Willis, Bridgeport, for appellant (plaintiff). No appearance for defendant (appellee).
Judge Panel:Before BALDWIN, O'SULLIVAN, WYNNE and DALY, JJ., and PHILLIPS, Superior Court Judge.
Case Date:June 27, 1955
Court:Supreme Court of Connecticut

Page 427

115 A.2d 427 (Conn. 1955)

142 Conn. 742

The EASTERN ELECTRIC CONSTRUCTION COMPANY

v.

Thomas F. MORRISSEY.

Supreme Court of Errors of Connecticut.

June 27, 1955

Action was brought to enjoin defendant from continuing his employment in a business competing with plaintiff's business, on ground that such employment violated contract providing that defendant would not engage in competing business for one year after termination of employment with plaintiff. The Superior Court, Fairfield County, Shapiro, J., after trial to the court, entered judgment for defendant, and plaintiff appealed. The Supreme Court of Errors held that where period of one year after termination by plaintiff of employment of defendant had long since passed, appeal by plaintiff involved moot question and would be dismissed.

Appeal dismissed.

Gregory C. Willis, Bridgeport, for appellant (plaintiff).

No appearance for defendant (appellee).

Before BALDWIN, O'SULLIVAN, WYNNE and DALY, JJ., and PHILLIPS, Superior Court Judge.

PER CURIAM.

On September 29, 1952, the defendant entered into a contract of employment with the plaintiff which provided that, for one year after the termination of his employment for any cause, he would not directly or indirectly, within the city of Bridgeport or within a radius of twenty miles therefrom, [142 Conn. 743] engage in, or be employed by, any business in competition with the plaintiff. The plaintiff discharged the defendant for good cause on October 9, 1953. When this action was brought in November, 1953, and when the plaintiff's application for an injunction was denied by the court on February 23, 1954, the defendant was in the employ of the County Electric Company, Inc., of Bridgeport, a competitor of the plaintiff. The plaintiff has appealed. It claims errors in the finding and in the conclusions of the court. While its claims appear to have merit, they present purely academic questions. The period of one year after the termination of the defendant's employment with the plaintiff has long since passed.‘ It is a well-settled general rule that the existence of an actual controversy is an essential requisite to...

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6 practice notes
  • 391 A.2d 142 (Conn. 1978), Lambrakos v. Carson
    • United States
    • Connecticut Supreme Court of Connecticut
    • March 21, 1978
    ...Soula is a party. See, E. g., Harkins v. Driscoll, supra, 165 Conn. 409, 334 A.2d 901; Eastern Electric Construction Co. v. Morrissey, 142 Conn. 742, 743, 115 A.2d 427. There is error, the judgment is set aside and the case is remanded with direction to overrule the defendant's plea in abat......
  • 334 A.2d 901 (Conn. 1973), Harkins v. Driscoll
    • United States
    • Connecticut Supreme Court of Connecticut
    • November 13, 1973
    ...and, even if a controversy does exist, that member is not a party to this action. Eastern Electric Construction Co. v. Morrissey, 142 Conn. 742, 743, 115 A.2d 427. Courts exist for determination of actual and existing controversies, and under the law of this state the courts may not be used......
  • 402 A.2d 1197 (Conn.Super. 1979), 225196, McCarthy v. Freedom of Information Commission
    • United States
    • Connecticut Superior Court of Connecticut
    • January 29, 1979
    ...of actual relief or from the determination of which no practical relief can follow." Eastern Electric Construction Co. v. Morrissey, 142 Conn. 742, 743, 115 A.2d 427, citing Reynolds v. Vroom, 130 Conn. 512, 515, 36 A.2d 22, and State ex rel. Foote v. Bartholomew, 106 Conn. 698, 701, 1......
  • 222 A.2d 220 (Conn. 1966), Triangle Sheet Metal Works, Inc. v. Silver
    • United States
    • Connecticut Supreme Court of Connecticut
    • July 26, 1966
    ...to consider the defendants' attack on the scope of the injunction. 2 Eastern [154 Conn. 127] Electric Construction Co. v. Morrissey, 142 Conn. 742, 743, 115 A.2d There remains for consideration the correctness of the court's action in awarding punitive or exemplary damages in the form of at......
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6 cases
  • 391 A.2d 142 (Conn. 1978), Lambrakos v. Carson
    • United States
    • Connecticut Supreme Court of Connecticut
    • March 21, 1978
    ...Soula is a party. See, E. g., Harkins v. Driscoll, supra, 165 Conn. 409, 334 A.2d 901; Eastern Electric Construction Co. v. Morrissey, 142 Conn. 742, 743, 115 A.2d 427. There is error, the judgment is set aside and the case is remanded with direction to overrule the defendant's plea in abat......
  • 334 A.2d 901 (Conn. 1973), Harkins v. Driscoll
    • United States
    • Connecticut Supreme Court of Connecticut
    • November 13, 1973
    ...and, even if a controversy does exist, that member is not a party to this action. Eastern Electric Construction Co. v. Morrissey, 142 Conn. 742, 743, 115 A.2d 427. Courts exist for determination of actual and existing controversies, and under the law of this state the courts may not be used......
  • 402 A.2d 1197 (Conn.Super. 1979), 225196, McCarthy v. Freedom of Information Commission
    • United States
    • Connecticut Superior Court of Connecticut
    • January 29, 1979
    ...of actual relief or from the determination of which no practical relief can follow." Eastern Electric Construction Co. v. Morrissey, 142 Conn. 742, 743, 115 A.2d 427, citing Reynolds v. Vroom, 130 Conn. 512, 515, 36 A.2d 22, and State ex rel. Foote v. Bartholomew, 106 Conn. 698, 701, 1......
  • 222 A.2d 220 (Conn. 1966), Triangle Sheet Metal Works, Inc. v. Silver
    • United States
    • Connecticut Supreme Court of Connecticut
    • July 26, 1966
    ...to consider the defendants' attack on the scope of the injunction. 2 Eastern [154 Conn. 127] Electric Construction Co. v. Morrissey, 142 Conn. 742, 743, 115 A.2d There remains for consideration the correctness of the court's action in awarding punitive or exemplary damages in the form of at......
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