Straus v. American Publishers' Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Isidor Straus and another, composing the firm of R. H. Macy & Company, from so much of an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 16tli day of December, 1904, upon the decision of the court rendered after a trial at the New York Special Term as overrules the plaintiffs’ demurrers to the second separate defense set forth in each of the amended answers…
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Appeal by the plaintiffs, Isidor Straus and another, composing the firm of R. H. Macy & Company, from so much of an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 16tli day of December, 1904, upon the decision of the court rendered after a trial at the New York Special Term as overrules the plaintiffs’ demurrers to the second separate defense set forth in each of the amended answers of the defendants.
1Opinion of the Court
Ingraham, J.:
In this action the plaintiffs seek to perpetually enjoin the defendants from acting under or enforcing certain agreements between the defendants by which it was intended to maintain the retail prices of books and to prevent competition in the sale thereof. The defendants demurred to the complaint; the demurrer was sustained at Special Term, but upon appeal to this court the judgment sustaining the demurrer was reversed. (85 App. Div. 446.) And upon appeal to the Court of Appeals the reversal was affirmed. (177 N. Y. 473.) The defendants then interposed an answer which alleged…
2Cases cited3 opinions
- Straus v. . American Publishers' Assn.New York Court of Appeals · 1904
- Thompson v. . HalbertNew York Court of Appeals · 1888
- Matthews v. BeachThe Superior Court of New York City · 1841
3Cited by7 opinions
- Buell v. GreeneSouth Dakota Supreme Court · 1939
- Whalen v. Union Bag & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Natale v. MazzukiAppellate Division of the Supreme Court of the State of New York · 1951
- Bulova v. E. L. Barnett, Inc.Appellate Terms of the Supreme Court of New York · 1920
- Chisholm v. MullerAppellate Division of the Supreme Court of the State of New York · 1929
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