Legal Opinion

Standard Fashion Co. v. . Siegel-Cooper Co.

New York Court of Appeals

Decided October 18, 1898PublishedCited by 73 opinions

'Appeal, by permission, from an order of the Appellate Division of the Supreme Court'in the first judicial department, entered July 14, 1898, as resettled by an order made August 19, 1898, reversing an interlocutory judgment entered upon a decision of the Special Term sustaining separate demurrers to the complaint.

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'Appeal, by permission, from an order of the Appellate Division of the Supreme Court'in the first judicial department, entered July 14, 1898, as resettled by an order made August 19, 1898, reversing an interlocutory judgment entered upon a decision of the Special Term sustaining separate demurrers to the complaint. The complaint, after setting forth the corporate character of each party to the action, alleges that the plaintiff and the defendant,, the Buttericlc Publishing Company, are rivals and competitors in the business of preparing and selling paper dress patterns and designs; that the…

1Opinion of the CourtVann, J.

Contracts which require the performance of varied and continuous acts, or the exercise of special skill, taste and judgment, will not, as a general rule, be enforced by ■courts of equity, because the execution of the decree would require such constant superintendence as to make judicial control a matter of extreme difficulty. (Marble Co. v. Ripley, 10 Wall. 339, 358; Beck v. Allison, 56 N. Y. 366, 370; Gervais v. Edwards, 2 Dr. & W. 80; Blackett v. Bates, L. R. [1 Ch. App.] 117; Fargo v. N. Y. & N. E. R. R. Co., 3 Misc. Rep. 205; Pomeroy Spec. Per. § 312; Fry Spec. Per. § 69.) An exception to…

2Cases cited6 opinions

  1. Joy v. St. LouisSupreme Court of the United States · 1891
  2. Marble Co. v. RipleySupreme Court of the United States · 1870
  3. Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
  4. Beck v. . AllisonNew York Court of Appeals · 1874
  5. P.P. C.I.R.R. Co. v. . C.I. B.R.R. Co.New York Court of Appeals · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by73 opinions

  1. Texas Co. v. Central Fuel Oil Co.Court of Appeals for the Eighth Circuit · 1912
  2. Poultry Producers of Southern California, Inc. v. BarlowCalifornia Supreme Court · 1922
  3. Candid Productions, Inc. v. International Skating UnionDistrict Court, S.D. New York · 1982
  4. Butterick Publishing Co. v. FisherMassachusetts Supreme Judicial Court · 1909
  5. Albuquerque National Bank v. Albuquerque Ranch Estates, Inc.New Mexico Supreme Court · 1982

68 more not listed; retrieve them via the Exa API.

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