Banks v. Hun
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Marcus T. Hun, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Albany on the 1st day of July, 1897, upon the decision of the court" rendered after a trial at the Albany Special Term overruling the defendant’s demurrer to the plaintiffs’ complaint.
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Appeal by the defendant, Marcus T. Hun, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Albany on the 1st day of July, 1897, upon the decision of the court" rendered after a trial at the Albany Special Term overruling the defendant’s demurrer to the plaintiffs’ complaint. The action was. brought to compel the defendant, the Supreme Court Reporter, to continue to furnish to the plaintiffs the decisions of the Supreme Court as provided under a contract made between the plaintiffs and defendant for their publication by the former for five…
1Dissent
Landon, J. (dissenting):
The complaint ¡alleges in substance that the defendant, the Supreme Court Reporter of the State, acting as such within the ■ power, conferred and in pursuance of the duty enjoined upon him by sections 249 and! 250 of the Code of Civil Procedure, did, on the 24th day of December, 1895, enter into a contract with the plaintiffs whereby he agreed to furnish them with the manuscript for the Supreme Court Reports, Appellate Division of the State, and they agreed to print and publish the same, as required by section 249, in book form, and keep the same constantly for sale to…
2Cases cited3 opinions
- McMaster v. . the State of New YorkNew York Court of Appeals · 1888
- Lord v. . ThomasNew York Court of Appeals · 1876
- Bronk v. BarckleyAppellate Division of the Supreme Court of the State of New York · 1897