Buffalo Lubricating Oil Co. v. Everest
New York Supreme Court
Appeal from an order made at Special Term denying the defendant’s motion to strike out portions of the complaint as irrelevant. The complaint alleges that the defendants combined and confederated together to deter and prevent the plaintiff from carrying on its business in the city of Buffalo; to cripple and bankrupt the plaintiff; to prevent the sale of the articles which it manufactured and to destroy the reputation of the same among its customers.
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Appeal from an order made at Special Term denying the defendant’s motion to strike out portions of the complaint as irrelevant. The complaint alleges that the defendants combined and confederated together to deter and prevent the plaintiff from carrying on its business in the city of Buffalo; to cripple and bankrupt the plaintiff; to prevent the sale of the articles which it manufactured and to destroy the reputation of the same among its customers. That in pursuance of the conspiracy, and to effect the purpose mentioned, the defendants enticed from the plaintiff’s service one of its' skilled…
1Opinion of the Court
Barker, J.:
Some of the paragraphs of the complaint embraced in the motion to strike out, relate to the averments concerning the commencement and prosecution of actions against the plaintiff as one of the means resorted to, by the defendants to effect the ruin and bankruptcy of fhe plaintiff, and to drive it out of the business of refining oil. As the complaint alleges' that these suits are still pending and undetermined, and there is no averment or pretense that the defendants have resorted to any abuse of the process of law in the prosecution of these actions, the matter averred concerning…
2Cases cited3 opinions
- Swan v. Saddlemire & WoodNew York Supreme Court · 1832
- Laverty v. VanarsdaleSupreme Court of Pennsylvania · 1870
- Bebinger v. SweetNew York Supreme Court · 1876