Auburn Draying Co. v. . Wardell
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 4, 1917, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action for an injunction, and bringing up for review the interlocutory judgment. The facts, so far as material, are stated in the opinion. The findings as to motive, or purpose, do not sustain the judgment.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 4, 1917, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action for an injunction, and bringing up for review the interlocutory judgment. The facts, so far as material, are stated in the opinion. The findings as to motive, or purpose, do not sustain the judgment. (Davis v. Portable Hoisting Engineers, 28 App. Div. 398; Davis v. Robinson, 84 N. Y. Supp. 837; Butterick Pub. Co. v. Typo. Union No. 6, 50 Misc. Rep. 1;…
1Opinion of the CourtCollin, J.
This is a contest between the plaintiff and the labor unions of the city of Auburn, New York. There is no serious dispute concerning the material facts. In so far as there is a dispute, we have concluded that the findings of the Special Term are supported by the evidence. While there was not unanimity in the decision of the Appellate Division the divergence related to legal conclusions or the applicability of legal principles.
The action was commenced November 29, 1913. The plaintiff, a corporation, was extensively and prosperously engaged in the general trucking business in the city of…
2Cases cited13 opinions
- Hitchman Coal & Coke Co. v. MitchellSupreme Court of the United States · 1916
- Matter of Application of JacobsNew York Court of Appeals · 1885
- Adair v. United StatesSupreme Court of the United States · 1908
- National Protective Ass'n of Steam Fitters & Helpers v. CummingNew York Court of Appeals · 1902
- Curran v. . GalenNew York Court of Appeals · 1897
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- Beardsley v. . KilmerNew York Court of Appeals · 1923
- Goldfinger v. FeintuchNew York Court of Appeals · 1937
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