Legal Opinion · Dissent

Straus v. American Publishers' Ass'n

Appellate Division of the Supreme Court of the State of New York

Decided April 7, 1905Published

Appeal from Special Term, New York County. Action by Isidor Straus-and others against the American Publishers’ Association and others. From a judgment (92 N. Y. Supp. 153) overruling a demurrer to a separate defense, plaintiffs appeal. Affirmed.

1DissentLaughlin, J.

This is a suit in equity to enjoin the defendants from continuing a combination in restraint of trade designed to control the retail book business by establishing and maintaining the prices at which copyrighted books published after May, 1901, should be sold at retail, and enforcing the rules of the association by refusing to sell books, whether copyrighted or not, to persons failing to observe the same, in violation of the anti-monopoly law of the state of New York. Subsequent to the decision of the Court of Appeals (177 N. Y. 473, 69 N. E. 1107, 64 L. R. A. 701) holding that the complaint…

2Cases cited8 opinions

  1. Straus v. . American Publishers' Assn.New York Court of Appeals · 1904
  2. Van Allen v. New York Elevated RailroadNew York Court of Appeals · 1894
  3. Thomas v. SchumacherAppellate Division of the Supreme Court of the State of New York · 1897
  4. Gabay v. DoaneAppellate Division of the Supreme Court of the State of New York · 1901
  5. Ivy Courts Realty Co. v. MortonAppellate Division of the Supreme Court of the State of New York · 1902

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