People v. . Sheldon
New York Court of Appeals
¡Appeal from the affirmance by the general term, fifth department, of judgment of conviction in the Niagara county sessions, on indictment for conspiracy. The indictment set forth an agreement between the defendants and others, comprising all the retail coal dealers in the city of Lockport, except one, entered into in March, 1892, to organize the “Lockport Coal Exchange,” which agreement was as follows: CONSTITUTION AND BY-LAWS. “NAME.
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¡Appeal from the affirmance by the general term, fifth department, of judgment of conviction in the Niagara county sessions, on indictment for conspiracy. The indictment set forth an agreement between the defendants and others, comprising all the retail coal dealers in the city of Lockport, except one, entered into in March, 1892, to organize the “Lockport Coal Exchange,” which agreement was as follows: CONSTITUTION AND BY-LAWS. “NAME. “The name of this exchange shall be the Lockport Coal Exchange. “OBJECTS. “The objects of this exchange shall be: To foster trade and commerce in coal, wood…
1Opinion of the Court
ANDREWS, Ch. J.
Section 168 of the Penal Code makes it a misdemeanor for two or more persons to conspire (sub. 6) “to-commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of public justice, or the due administration of the law.” The ■Revised Statutes contained a similar provision. 2 Rev. St. 692, § 8. sub. 6.
The fact that the defendants subscribed the constitution and by-laws of the “Lockport Coal Exchange,” and participated in its management, was not controverted on the trial. Nor was there any dispute that the object…
2Cases cited2 opinions
- Arnot v. . Pittston and Elmira Coal Co.New York Court of Appeals · 1877
- Hooker & Woodward v. VandewaterNew York Supreme Court · 1847
3Cited by68 opinions
- Dr. Miles Medical Co. v. John D. Park & Sons Co.Supreme Court of the United States · 1911
- United States v. Trenton Potteries Co.Supreme Court of the United States · 1927
- United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
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