Legal Opinion

Cabana v. Holstein-Friesian Ass'n of America

Appellate Division of the Supreme Court of the State of New York

Decided May 4, 1921PublishedCited by 20 opinions

Appeal by the plaintiff, Oliver Cabana, Jr., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Erie on the 1st day of July, 1920, upon the decision of the court rendered after a trial at the Erie Special Term.

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Appeal by the plaintiff, Oliver Cabana, Jr., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Erie on the 1st day of July, 1920, upon the decision of the court rendered after a trial at the Erie Special Term. The judgment adjudged that the board of directors of the defendant association had authority to cancel the advanced registry certificates of the records of the plaintiff’s cattle after a hearing conducted as provided in said judgment and it enjoined the defendant association, its officers and directors, from canceling…

1Opinion of the Court

Hubbs, J.:

The respondent is a record' association, maintaining and publishing a herd book for the recording of the pedigrees of Holstein cattle. It also maintains a system of additional •registration of animals, already registered in the herd book. *844The additional registration of animals is kept in a record known "as the advanced registry, and the right or privilege of having an animal listed in the advanced registry is governed by rules and regulations prescribed by the board of directors. The right to have an animal registered in the advanced registry is based upon the animal’s performance…

2Cases cited14 opinions

  1. In Re Haebler v. . N.Y. Produce ExchangeNew York Court of Appeals · 1896
  2. Lafond v. . DeemsNew York Court of Appeals · 1880
  3. Belton v. . HatchNew York Court of Appeals · 1888
  4. People v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1874
  5. I. Townsend Burden v. BurdenNew York Court of Appeals · 1899

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3Cited by20 opinions

  1. Vernon Manor Co-operative Apartments, Section I, Inc. v. Salatino, New York County Courts1958
  2. Cavanagh v. HutchesonNew York Supreme Court · 1931
  3. Associated General Contractors of America, New York State Chapter, Inc. v. Lapardo Bros. Excavating Contractors, Inc.New York Supreme Court · 1964
  4. Brooks v. EngarAppellate Division of the Supreme Court of the State of New York · 1940
  5. Museum v. American Ass'n of MuseumsNew York Supreme Court · 1982

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