Delafield v. J. K. Armsby Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The J. K. Armsby Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 3d day of April, 1908, upon the verdict of a jury, and also from an order entered in said clerk’s office on the loth day of January, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Dissent
Houghton, J. (dissenting):
The defendant by its contract to act as sales agent for the Alaska Packers’ Association was prohibited from selling canned salmon for export to Europe, Australia and Hew Zealand. The Packers’ Association had established an agency in England and had agreed to protect those sales agents from invasion of their territory. So far as appears the defendant was anxious to sell to the plaintiffs the 28,000 cases of the specified brands of salmon, provided they were not to be exported to England. The plaintiffs insisted that they had purchased that quantity for the sole…
2Cases cited9 opinions
- Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
- Todd v. . GambleNew York Court of Appeals · 1896
- Grand Tower Co. v. PhillipsSupreme Court of the United States · 1874
- Cockburn v. Ashland Lumber Co.Wisconsin Supreme Court · 1882
- Johnson v. AllenSupreme Court of Alabama · 1884
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