Metcalfe v. Klaw
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James S. Metcalfe, from part of an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 18th day of October, 1907, granting an additional allowance as a condition for the discontinuance of the action as to the defendant Burnham.
1Opinion of the Court
Scott, J.:
The plaintiff commenced an action in 1906 against the respondent Burnham and several others claiming that they had entered into an unlawful conspiracy to exclude him from the several theaters in the city of Mew York controlled by them, and thus prevent him from pursuing his avocation as a dramatic critic.
The damages were laid in a considerable sum. Answers were served, but nothing further was done in the action. A criminal prosecution was also instituted against the respondent Burnham. The latter was held by the committing magistrate, but sued out a writ of habeas corpus upon which…
2Cases cited3 opinions
- People Ex Rel. Burnham v. . FlynnNew York Court of Appeals · 1907
- Standard T. Co. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1904
- People ex rel. Burnham v. FlynnAppellate Division of the Supreme Court of the State of New York · 1906