Roseneau v. Empire Circuit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Empire Circuit Company and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 29th day of October, 1906, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of October, denying defendants’ motion for a new trial made upon the minutes.
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Appeal by the defendants, The Empire Circuit Company and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 29th day of October, 1906, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of October, denying defendants’ motion for a new trial made upon the minutes. The action was commenced on the 10th day of January, 1902, to recover damages against the defendants for an alleged unlawful conspiracy maliciously formed by them to ruin the business of the Court Street…
1Opinion of the Court
McLennan, P. J.:
The Court Street Theatre .Company, of which the plaintiff is receiver,, is a 'domestic corporation.
From the time of its incorporation in the year 1895 until the 17th'day of March, 1902, when the plaintiff was appointed receiver of said company, it, as lessee, was engaged in the .city of Buffalo, 27. Y., in conducting the Court Street Theatre so called. Said company played and conducted at said theatre' burlesque performances only and during the time mentioned had practically no competitor in such city. Its business was run at a large profit and it had established the valuable…
2Cases cited5 opinions
- Ashley v. . DixonNew York Court of Appeals · 1872
- Wehle v. . ConnerNew York Court of Appeals · 1880
- Foster v. Retail Clerks' International Protective Ass'nNew York Supreme Court · 1902
- People ex rel. Burnham v. FlynnAppellate Division of the Supreme Court of the State of New York · 1906
- Reynolds v. Plumbers' Material Protective Ass'nNew York Supreme Court · 1900
3Cited by10 opinions
- Reinforce, Inc. v. BirneyNew York Court of Appeals · 1954
- Albro J. Newton Co. v. EricksonNew York Supreme Court · 1911
- Gill Engraving Co. v. DoerrDistrict Court, S.D. New York · 1914
- Ryan v. Brooklyn Eye & Ear HospitalAppellate Division of the Supreme Court of the State of New York · 1974
- Peekskill Theatre, Inc. v. Advance Theatrical Co.Appellate Division of the Supreme Court of the State of New York · 1923
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