Straus v. . American Publishers' Assn.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 30, 1903, which reversed an interlocutory judgment of Special Term sustaining demurrer to the complaint. The nature of the action, the facts, so far as material, and the question certified are stated in the dissenting 'opinion.
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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 30, 1903, which reversed an interlocutory judgment of Special Term sustaining demurrer to the complaint. The nature of the action, the facts, so far as material, and the question certified are stated in the dissenting 'opinion. The demurrer should have been sustained. ..(Park, & Sons Co. v. N. D. Assn., 175 N. Y. 1; M. S. S. Co. v. McGregor, L. R. [App. Cas. 1892] 25; H. P. B. F. Co. v. E. S. Co., 77 Fed. Rep. 288.) If the combination at bar is valid by the common…
1Opinion of the Court
Parker, Ch. J.
Chief Justice Marshall said long ago, in Grant v. Raymond (6 Pet. 217 241): To promote the progress of useful arts is the interest and policy of every enlightened government. It entered into the views of the framers of our Constitution, and the power ‘ to promote the progress of science and useful arts, by securing for limited times to authors and inventors, the exclusive right to their respective writings and discoveries,’ is among those expressly given to Congress. * * * It is the reward stipulated for the advantages derived by the public from the exertions of the individual,…
2Cases cited3 opinions
- Bement v. National Harrow Co.Supreme Court of the United States · 1902
- Patterson v. KentuckySupreme Court of the United States · 1879
- John D. Park & Sons Co. v. National Wholesale Druggists' Ass'nNew York Court of Appeals · 1903
3Cited by37 opinions
- Straus and Straus v. American Publishers' Assn.Supreme Court of the United States · 1913
- John D. Park & Sons Co. v. HartmanCourt of Appeals for the Sixth Circuit · 1907
- Locker v. . American Tobacco CompanyNew York Court of Appeals · 1909
- Schill v. Remington Putnam Book Co.Court of Appeals of Maryland · 1941
- Mills v. United States Printing Co.Appellate Division of the Supreme Court of the State of New York · 1904
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