John D. Park & Sons Co. v. National Wholesale Druggists' Ass'n
New York Court of Appeals
Appeal from a judgment entered November 27,1900, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed a judgment of Special Term sustaining demurrers to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered November 27,1900, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed a judgment of Special Term sustaining demurrers to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff’s action is to enjoin the continuance of a conspiracy on the part of certain wholesale druggists, its competitors, defendants herein and others, to injure, ruin and destroy its business, and specifically to enjoin the continuance of various acts being done in furtherance of…
1Dissent
I am unable to concur in the opinion of the learned Appellate Division or in the conclusion reached by a majority of this court. The demurrers to the amended complaint were sustained, both at the Special Term and in the Appellate Division, upon the ground that the complaint did not state facts sufficient to constitute a cause of action, although apparently for different reasons. Several of the defendants stated, as additional grounds of demurrer, that the court had no jurisdiction over them, and that it had no jurisdiction of the subject of the action. The latter grounds were not considered…
2Cases cited37 opinions
- United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
- Addyston Pipe & Steel Co. v. United StatesSupreme Court of the United States · 1899
- United States v. Joint Traffic Assn.Supreme Court of the United States · 1898
- Doremus v. HennessyIllinois Supreme Court · 1898
- Marie v. . GarrisonNew York Court of Appeals · 1880
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