Kellogg v. . Sowerby
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 20, 1906, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The agreement set forth in the complaint was not unlawful and did not establish a conspiracy.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 20, 1906, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The agreement set forth in the complaint was not unlawful and did not establish a conspiracy. (Rich v. N. Y. C. & H. R R. R. Co., 87 N. Y. 382; Park & Sons Co. v. N. D. Assn., 175 N. Y. 1; A., T. & S. R. R. v. D. & N. R. R , 110 U. S. 680; P. & A.…
1Opinion of the CourtWillard Bartlett, J.
It is a misdemeanor under the law of this state for two or more persons to conspire to commit any act injurious to trade or commerce. (Penal Code, § 168, subd. 6.) The prevention of competition in business is an act injurious to trade in contemplation of law. (People v. Sheldon, 139 N. Y. 251.) In the case cited it was held that if the purpose of the agreement there under consideration was to prevent competition in the price of coal between the retail dealers in that commodity it was illegal and justified the conviction of the defendants under our conspiracy statute.
A civil action is…
2Cases cited2 opinions
- People v. . SheldonNew York Court of Appeals · 1893
- Kellog v. SowerbyAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by17 opinions
- Bossert v. . DhuyNew York Court of Appeals · 1917
- Paine Lumber Co. v. NealSupreme Court of the United States · 1915
- Paine Lumber Co. v. NealSupreme Court of the United States · 1917
- People v. WischNew York Supreme Court · 1969
- Gill Engraving Co. v. DoerrDistrict Court, S.D. New York · 1914
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