
    JAMES CURTIS, Plaintiff, v. NOAH W. GOKEY, Defendant.
    
      Covencmt in restraint of trade — Submission to arbitrators — arnan'd — when void.
    
    An agreement by one not to carry on a retail trade in boots and shoes while another person remains in said trade, being without .limit as to locality, is void.
    The parties to this action submitted to arbitration the question, whether or not ■ the defendant had made a verbal agreement with the plaintiff not to engage in the retail trade in boots and shoes. The award 'was, that the defendant did verbally agree with the plaintiff not to enter into the retail trade in boots and shoes again, in Addison, during the time that the plaintiff was engaged in such trade. Reid, that the award was not authorized by the submission, and was void. (1 Bac. Abr.,323 [ed. of 1854]; 2 Pars, on Con., 201; Butl&rv. Mayor of N. T., 7 Hill, 829.)
    
      MotioN for a new trial on exceptions ordered to be beard in tbe first instance at the General Term, after a verdict in favor of the plaintiff directed by the court.
    
      Geo. B. Bradley, for plaintiff. Geo. T. Spencer, for defendant.
   Opinion by

Meewin, J.

Present — Smith, P. J., Gilbeet and Meewin, JJ.

New trial granted, costs to abide event.  