Star Co. v. Brush
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Star Company, from a-n order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 26th day of July, 1918, as resettled by an order entered in said clerk’s office on the 22d day of August, 1918, denying plaintiff’s motion for judgment on the pleadings consisting of an amended complaint and the demurrer thereto.
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Appeal by the plaintiff, Star Company, from a-n order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 26th day of July, 1918, as resettled by an order entered in said clerk’s office on the 22d day of August, 1918, denying plaintiff’s motion for judgment on the pleadings consisting of an amended complaint and the demurrer thereto. An appeal is also taken from the judgment entered in said clerk’s office on the 26th day of July, 1918, dismissing the amended complaint pursuant to said order. The facts are…
1Opinion of the Court
Putnam, J.:
The ordinance purporting to be passed by the aldermen' and approved by the mayor of Mount Vernon prohibited the sale, circulation or distribution of any copy or issue of plaintiff’s papers, the New York American and the New York Evening Journal, from the time such ordinance took effect until the end of the war. The penalty was a fine of $500, or six months in the county penitentiary, or both. The complaint, as amended, alleged: “The defendants herein threaten to and will undertake and attempt to enforce the aforesaid ordinance, and will undertake and attempt to, and will interfere…
2Cases cited4 opinions
- Truax v. RaichSupreme Court of the United States · 1915
- Stuart v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- McGorie v. McAdooAppellate Division of the Supreme Court of the State of New York · 1906
- Ulster Square Dealer v. FowlerNew York Supreme Court · 1908
3Cited by4 opinions
- Cowan v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1936
- Dearborn Pub. Co. v. FitzgeraldDistrict Court, N.D. Ohio · 1921
- Alexander v. EnrightAppellate Division of the Supreme Court of the State of New York · 1924
- Dowsey v. Village of KensingtonAppellate Division of the Supreme Court of the State of New York · 1928