Legal Opinion

Continental Securities Co. v. Interborough Rapid Transit Co.

District Court, S.D. New York

Decided February 27, 1913PublishedCited by 1 opinion

In Equity. Suit by the Continental Securities Company against the Interborough Rapid Transit Company and others. This cause comes here upon motion for a preliminary injunction to restrain the Interborough-Metropolitan Company, one of the defendants which holds stock of the Interborough Rapid Transit Com-: pany, from voting on such stock at a stockholders’ meeting of the latter company.

1Opinion of the Court

LACOMBE, Circuit Judge.

The foundation of this suit is a staH ute of the state of New York, known as the Stock Corporation Law, as amended by chapter 688, Laws of 1892, and chapter 384, Laws of 1897. It contains this provision:

■‘Sec. 7. Combinations Abolished. — No domestic stock corporation and no foreign corporation doing business in this state shall combine with any other corporation or person for the creation of a monopoly or the unlawful restraint of trade or for the prevention of competition in any necessary of life.”

*522It is averred that the acquisition by the Interborough-Metropolitan of…

2Cases cited5 opinions

  1. People Ex Rel. New York Edison Co. v. WillcoxNew York Court of Appeals · 1912
  2. Continental Securities Co. v. Interborough Rapid Transit Co.U.S. Circuit Court for the District of Southern New York · 1908
  3. Attorney-General v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1908
  4. Burrows v. Interborough Metropolitan Co.U.S. Circuit Court for the District of Southern New York · 1907
  5. Attorney-General v. Interborough-Metropolitan Co.Appellate Division of the Supreme Court of the State of New York · 1908

3Cited by1 opinion

  1. Continental Securities Co. v. Interborough Rapid Transit Co.Court of Appeals for the Second Circuit · 1915

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