Metropolitan Opera Co. v. Hammerstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Oscar Hammerstein and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 15th day of December, 1913, and also from an order entered in said clerk’s office on the 10th day of December, 1913, granting the plaintiff’s motion for judgment on the pleadings pursuant to which order the judgment appealed from was entered.
1Opinion of the Court
Present — Ingraham, P. J., McLaughlin, Laughlin, Scott and Hotchkiss, JJ.
The following is the opinion of Pendleton, J.:
Pendleton, J.:
This is a motion by plaintiff for judgment on the pleadings against both of the defendants, and proceeds on the contention that the denials of the allegations of the complaint are directed against immaterial matters only and that the separate defenses alleged in the answers do not state facts sufficient on their face to constitute a defense. The action is in the nature of an action in equity for specific performance, and is brought to enjoin the defendants from…
2Cases cited21 opinions
- Swift & Co. v. United StatesSupreme Court of the United States · 1905
- Addyston Pipe & Steel Co. v. United StatesSupreme Court of the United States · 1899
- Dr. Miles Medical Co. v. John D. Park & Sons Co.Supreme Court of the United States · 1911
- Hooper v. CaliforniaSupreme Court of the United States · 1895
- Kidd v. PearsonSupreme Court of the United States · 1888
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3Cited by12 opinions
- General Aniline & Film Corp. v. Bayer Co.New York Court of Appeals · 1953
- Harms v. CohenDistrict Court, E.D. Pennsylvania · 1922
- Beard v. Board of Education of North Summit School Dist.Utah Supreme Court · 1932
- National League of Professional Baseball Clubs v. Federal Baseball Club of Baltimore, Inc.Court of Appeals for the D.C. Circuit · 1920
- Remington Rand, Inc. v. International Business Machine Corp.New York Supreme Court · 1937
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