Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-08-09

granted in the present case is in re-
sttaint of trade, presumably in the en-
forcement of Il contract. when not only
is there no limitation in the contract or
such restraint. but when there is no
stipulation in the contract which can
be construed as referring to the ques-
ton of restraint at all. Courts of
equity will sometimes cnjoin the. COM
mission of Il tort, but we cannot see
that this doctrine can be applied here;
for Stein is enjoined from doing things
which, however injurious to the asso-
citation. are certainly not tor,ious. 1t
may be that he had been guilty of an
actionahle tort in making false state
mentS as To the association, and to its
INJURY; but he is enjoined by the judges
oroer, not from repeating any such
statements. but from using any means
whatever 10 injure the business Of the
association, or to win over its policy
holders 10 any other insurance COM
pany. The injunction must have been
granted. as tn this matter. by applying
To the case the equitable principles
stated in High. lnj. section II. as fol-
lows: Tile disclosure of secrets which
have come 10 ones knowledge during
the course of confidential employment
VIII be restrained by injunction. And
where confidential relationship has
existed, out of which one of the parties
has derived information or secrets con-
corning the other. equity fastens an
obligation upon his conscience not to
divulge such knowledge. and enforces
the obligation when necessary by in
Junction. Thus. persons who. in the
capacity of attorneys. agents or in
other confidential relations. have OBJ
tanned the custody of the books and
documents of their principals. or have
come into possession of secrets relat-
ns 10 their affairs. will be restrained
from making them public. So de-
PENDANTS have been cnjoined from dis
closing the secrets pertaining 10 plain
I'M : business and processes OF manu-
featuring goods, defendants having ac-
CURED such knowledge while in plain
tiif's employ. under IN agreement that.
IN consideration Of the employment.
they would not divulgc such secrets"
Equity intcrferes in such cases III or
der to prevent an abuse Of confidence.
ana where there has been no coniidcn-
tiai relation. and consequently. no trust
reposed. the rule does not apply.
The order granted in the present case
restraints the plaintiff in error from at
tempting 10 influence policy holders i'll
the association to discontinue their poi
icicS, or To transfer them To any other
life insurance company. either by the
communication of wha; he knows of
the association or otherwise. Even.
however. were ii limited to communica-
tons of what he knows of the associa-
ton. it would be erroneous. The rela-
ton OF Stein TO the association was not
u confidential one, in the sense that he.
by reason of it. acquired Il knowledge
OF any business secrets. The business
had been largely built up by him and
his employees. ana ihat knowledge of the
policy holders which would be useful to
h.n, in the event of his representing as
agent another company. was not con-
hiding TO MIN by the association. if de-
rivedtrrom it at all. Persons may have
taken out policies in the association on
account of personal friendship for
stein. or confidence in his integrity.
and there is no reason why he should
rot he allowed To solicit their business
ior another company which he repre-
SCENTS. his agency for the association
having been terminated. If this in
junction was proper. then any general
insurance agent, whose contract. as
such. had been terminated. could he
restrained from further pursuing. i'm
Inc interest OF another company. the
business of his calling among those
wiki whom he might be able 10 do the
best Wol'%.-ihose whom he had secured
as policy holders in the company he
ilrst represented. Under this inji,nc-
ton, Stein could not solicit. upon any
ground or for any reason. the transfer
"t business from the plaintiff associa-
ton 10 another company. though he had
not 50 agreed in his contract with the
association, and though that contract
was at an end: and that. to-. in a ease
Wherc he relied upon no information
which had been communicated TO him.
in confidence. as n business or trade So
crat.
Reversed.