Legal Opinion

Werther-Rausch Co. v. National Ass'n of Employing Lithographers

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

Decided January 19, 1912Published

Appeal by the defendants, the National Association of Employing Lithographers and others, from part of a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 14th day of July, 1909, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint but granting costs and an extra allowance to the plaintiffs in an action for an injunction.

1Opinion of the Court

Clarke, J.:

This case is similar to Sackett & Wilhelms L. & P. Co. v. Nat. Assn. Lith. (148 App. Div. 598) and was tried at the same time and upon the same evidence.

In this case William Werther was the member of the defendant corporation representing the plaintiff corporation, and the note was made by him and indorsed by the plaintiff corporation. ■ It was in evidence that the Sackett & Wilhelms Company were the owners of practically all of the stock of the Werther-Rausch Company and that the two concerns had their works in the same building, and Mr. Bunker testified that at the Pittsburg…

2Cases cited1 opinion

  1. Sackett & Wilhelms Lithographing & Printing Co. v. National Ass'n of Employing LithographersAppellate Division of the Supreme Court of the State of New York · 1912

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