Pittsburg Carbon Co. v. McMillin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 29, 1889, which affirmed a judgment in favor of defendant, entered upon a decision of the Court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 29, 1889, which affirmed a judgment in favor of defendant, entered upon a decision of the Court on trial at Special Term. This action was originally brought by plaintiff against the Brush Electric Light Company to recover for carbons alleged to have been delivered to it during the months of April, May and June, 1887, under a contract between the parties. By order of interpleader, defendant, who claimed the amount due as receiver of the united carbon companies, was…
1Opinion of the CourtAndrews, J.
The finding that the contract of March 1, 1887, between the plaintiff and‘Edward S. Hawks, as trustee for the plaintiff and other carbon companies, was made for unlawful purposes and was illegal, was not.excepted to, and is to be taken as an incontrovertable fact on this appeal. The ground of illegality is not exjxressly stated, but it is clearly to be inferred from the other findings and the opinion of the trial court that the contract was held to be illegal for the reason that it was entered into in furtherance of an unlawful combination between the plaintiff and other carbon companies in…
2Cases cited4 opinions
- Talmage v. . PellNew York Court of Appeals · 1852
- Gillet v. . MoodyNew York Court of Appeals · 1850
- Dewitt v. . BrisbaneNew York Court of Appeals · 1858
- Johnson v. BushNew York Court of Chancery · 1848
3Cited by27 opinions
- United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- McCandless v. FurlaudSupreme Court of the United States · 1935
- Matter of DelaneyNew York Court of Appeals · 1931
- Hamor v. Taylor-Rice Engineering Co.U.S. Circuit Court for the District of Delaware · 1897
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