Cohen v. . Berlin Jones Envelope Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 15, 1899, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 15, 1899, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The contract under which plaintiff recovered his judgment the defendants claim to be null and void because in restraint of trade, and it reads as follows : “ This agreement made this eighth day of August, by and between Charles J. Cohen, manufacturers of the City of Philadelphia, of the first part, and The Morgan Env. Co. of Springfield, Mass.; The White…
1Opinion of the Court
Parker, Oh. J.
The learned trial judge quite' naturally fell into the error that it was for the jury to say whether the contract which lies at the foundation of this controversy was entered into by the parties to it in good faith and without any intention to prevent competition or unduly enhance or maintain. the price of envelopes, inasmuch as the Appellate Division held on a review of the order overruling a demurrer to the complaint that it did not appear upon the face of the agreement that it was null and void because in restraint of trade. It may well be doubted whether a more thorough…
2Cases cited1 opinion
- Cummings v. . Union Blue Stone Co.New York Court of Appeals · 1900
3Cited by24 opinions
- Matter of DaviesNew York Court of Appeals · 1901
- Hood v. LeggSupreme Court of Georgia · 1925
- John D. Park & Sons Co. v. HartmanCourt of Appeals for the Sixth Circuit · 1907
- Knight & Jillson Co. v. MillerIndiana Supreme Court · 1909
- Straus v. KazemekasSupreme Court of Connecticut · 1924
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