Roseneau v. Empire Circuit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Empire Circuit Company and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 29th day of October, 1906, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of October, denying defendants’ motion for a new trial made upon the minutes.
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Appeal by the defendants, The Empire Circuit Company and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 29th day of October, 1906, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of October, denying defendants’ motion for a new trial made upon the minutes. The action was commenced on the 10th day of January, 1902, to recover damages against the defendants for an alleged unlawful conspiracy maliciously formed by them to ruin the business of the Court Street…
1Concurrence
Spring, J. (concurring):
I agree with my associates that the judgment in this cáse should be reversed, but do not assent to the grounds upon which the decision is to be based.. The Court Street Theatre, located in the city of Buffalo, had been *437in operation since 1895. It has been managed by one Wegefarth, and the stock of the company was owmed by him and his wife. The Wegefarths also carried on a theatre in Baltimore and one in the city of Washington. In September, 1901, the Wegefarths sold all their stock in the Court Street Theatre Corporation to Alphonse J. Meyer. There were booked and…
2Cases cited3 opinions
- Curran v. . GalenNew York Court of Appeals · 1897
- Ashley v. . DixonNew York Court of Appeals · 1872
- Beattie v. CallananAppellate Division of the Supreme Court of the State of New York · 1903