Lorillard v. . Clyde
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made February 6, 1880, which affirmed a judgment in favor of defendants, entered upon an order sustaining a demurrer to plaintiffs complaint. The substance of the complaint is set forth in the opinion. As the demurrers admit all the facts contained in the pleading demurred to, not only for the purpose of the argument but as evidence, the plaintiff has legal capacity to sue.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made February 6, 1880, which affirmed a judgment in favor of defendants, entered upon an order sustaining a demurrer to plaintiffs complaint. The substance of the complaint is set forth in the opinion. As the demurrers admit all the facts contained in the pleading demurred to, not only for the purpose of the argument but as evidence, the plaintiff has legal capacity to sue. (Alcott v. Carroll, 39 N. Y. 436; Mackey v. Auer, 8 Hun, 180.) The laws of the State of Hew York have but one mode in which such…
1Opinion of the CourtAndrews, J.
We think the complaint discloses a good cause of action. The presumption is in favor of the legality of contracts. The law does not assume an intention to violate the law, nor will an agreement be adjudged to be illegal, where it is capable of a construction which will uphold it, and make it valid.
The scheme of the agreement of June 14, 1874, is plain. The plaintiff Lorillard, and the firm of Wm. P. Clyde & Co. were competitors in the transportation business by' water, between New York and Philadelphia, and each party owned vessels, employed in the business. The agreement provides for a…
2Cited by76 opinions
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- In Re the Arbitration Between Western Union Telegraph Co. & American Communications Ass'nNew York Court of Appeals · 1949
- Clark v. DodgeNew York Court of Appeals · 1936
- Milliken v. Western Union Telegraph Co.New York Court of Appeals · 1888
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