Legal Opinion

Munson v. Syracuse, Geneva & Corning R. R. Co.

New York Court of Appeals

Decided October 5, 1886PublishedCited by 105 opinions

Appeal from a judgment of the supreme court, general term, fourth department, affirming a judgment entered upon the report of _ a referee in favor of defendant. The action was for specific performance of a contract to deliver certain bonds.

1Opinion of the CourtAndrews, J.

We think it would be difficult to affirm' the judgment of the court below dismissing the complaint, if, in order to do so, it was necessary to uphold the proposition that the original contract of August 13, 1875, between the plaintiffs and Magee, was invalid either because Mun-son, one of the plaintiffs, was, at the time of entering into the contract, .a director of the Sodus Bay & Corning Railroad Company, or for the reason that the contract violated - the rule which prohibits combinations to prevent competition at a judicial or other public sale. The situation was briefly .this:

The Sodus…

2Cases cited1 opinion

  1. Duncomb v. . N.Y., H. N.R.R. Co.New York Court of Appeals · 1881

3Cited by105 opinions

  1. Meinhard v. SalmonNew York Court of Appeals · 1928
  2. Wendt v. FischerNew York Court of Appeals · 1926
  3. Carrier v. . CarrierNew York Court of Appeals · 1919
  4. In Re the Accounting of Title Guarantee & Trust Co.New York Court of Appeals · 1943
  5. Globe Woolen Co. v. Utica Gas & Electric Co.New York Court of Appeals · 1918

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