Base Ball Players Fraternity, Inc. v. Boston American League Base Ball Club
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Base Ball Players Fraternity, Inc., from a judgment of the Supreme Court, in favor of the defendant, entered in the office of the clerk of the county of New York on the 1st day of July, 1914, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case, and also from an order entered in said clerk’s office on the 26th day of May, 1914, denying plaintiff’s motion for a new trial made upon the minutes.
1Dissent
McLaughlin, J. (dissenting):
The contract under consideration is one-sided and apparently drawn in the interest of the defendant, without very much regard to the interest of the plaintiff’s assignor. But it is a contract nevertheless. Persons competent to contract can make such agreements as they see fit, so long as the same are not opposed to good morals, against public policy or contrary to law. Courts do not make contracts. Their powers are limited to construing them. It is not claimed that the contract is invalid, and, therefore, it should be enforced according to its terms. But I am…
2Cases cited2 opinions
- Griffin v. Brooklyn Ball ClubAppellate Division of the Supreme Court of the State of New York · 1902
- Griffin v. Brooklyn Ball ClubNew York Court of Appeals · 1903