Straus v. American Publishers' Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Isidor Straus and another, composing the firm of R. H. Macy & Company, from so much of an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 16tli day of December, 1904, upon the decision of the court rendered after a trial at the New York Special Term as overrules the plaintiffs’ demurrers to the second separate defense set forth in each of the amended answers…
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Appeal by the plaintiffs, Isidor Straus and another, composing the firm of R. H. Macy & Company, from so much of an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 16tli day of December, 1904, upon the decision of the court rendered after a trial at the New York Special Term as overrules the plaintiffs’ demurrers to the second separate defense set forth in each of the amended answers of the defendants.
1Dissent
Laughlin, J. (dissenting):
This is a suit in equity to enjoin the defendants from continuing a combination in restraint of trade designed to control the retail book business by establishing and maintaining the prices at which copyrighted books published after May, 1901, should be sold at retail and enforcing the rules of the association by refusing to sell books, whether copyrighted or not, to persons failing to observe the same, in violation of the Anti-Monopoly Law of the State of New York. (See Laws of 1899, chap. 690.) Subsequent to the decision of the Court of Appeals (177 N. Y. 473),…
2Cases cited7 opinions
- Straus v. . American Publishers' Assn.New York Court of Appeals · 1904
- Van Allen v. New York Elevated RailroadNew York Court of Appeals · 1894
- Thomas v. SchumacherAppellate Division of the Supreme Court of the State of New York · 1897
- Gabay v. DoaneAppellate Division of the Supreme Court of the State of New York · 1901
- Ivy Courts Realty Co. v. MortonAppellate Division of the Supreme Court of the State of New York · 1902
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