Van Horn v. Van Horn
Supreme Court of New Jersey
'On demurrer. Case certified from the Essex Circuit. The defendants, Amos H. Van Horn and Casper Soer, Jr., were summoned to answer James Van Horn and Emma D. Van Horn, his wife, in tort, for a conspiracy or combination to break up the wife’s separate business of selling fancy goods, ■on consignment, at Newark.
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'On demurrer. Case certified from the Essex Circuit. The defendants, Amos H. Van Horn and Casper Soer, Jr., were summoned to answer James Van Horn and Emma D. Van Horn, his wife, in tort, for a conspiracy or combination to break up the wife’s separate business of selling fancy goods, ■on consignment, at Newark. Two firms of wholesale jobbers in fancy and millinery goods had agreed, verbally, to supply her on credit with a stock of such goods, to be sold by her on ■commission, limiting the total amount to $2,500. One of said firms had, is pursuance of the agreement with her, sent $500 worth of…
1Opinion of the Court
The opinion of the court was delivered by
Sctjdder, J.
The merely formal parts of this declaration will not be considered on the general demurrer, but the whole will be examined to determine whether it sets forth, in substance, a legal cause of action. The case has been elaborately discussed by counsel, because the principles involved may .affect other cases of even greater importance than this, and lead to serious complications where actions are brought between rivals in business, or those who interfere with the ordinary course of trade to the detriment of others.
A careful consideration of the…
2Cases cited1 opinion
- Garing v. FraserSupreme Judicial Court of Maine · 1884
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- City of Atlanta v. Chattanooga Foundry & PipeworksCourt of Appeals for the Sixth Circuit · 1903
- Lohse Patent Door Co. v. FuelleSupreme Court of Missouri · 1908
- Clark v. FiggeSupreme Court of Iowa · 1970
- Dunshee v. Standard Oil Co.Supreme Court of Iowa · 1911
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