Sampliner v. Motion Picture Patents Co.
Court of Appeals for the Second Circuit
In Frror to the District Court of the United States for the Southern District of New York.. Action at law by Joseph H. Sarnpliner against the Motion Picture Patents Company and others. Judgment for defendants, and plaintiff brings error. The action is brought by the plaintiff as assignee of the Lake Shore Film & Supply Company (hereinafter called the Lake Shore Company) under tho Sherman Anti-Trust Act (Act July 2, 1890, c. 647, 26 Stat. 209 [Comp.
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In Frror to the District Court of the United States for the Southern District of New York.. Action at law by Joseph H. Sarnpliner against the Motion Picture Patents Company and others. Judgment for defendants, and plaintiff brings error. The action is brought by the plaintiff as assignee of the Lake Shore Film & Supply Company (hereinafter called the Lake Shore Company) under tho Sherman Anti-Trust Act (Act July 2, 1890, c. 647, 26 Stat. 209 [Comp. St. §§ 8820-8823, 8827-8830]), to recover treble damages for injuries alleged to iiave been sustained by the business and property of the Lake…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). The only question it is necessary for us to consider is whether the assignment of December 28,. 1911, is champertous and void. If it is void, the plaintiff cannot maintain his action. If it is not void, the judgment must be reversed. The assignment states that—
“For value-received the Lake Shore * * * Company * * * hereby sells, assigns, and transfers to J. H. Sampliner all of its rights and interests in and to any and all damages which it has sustained and suffered by reason of injury to its business, because of the unlawful combination and monopoly in…
2Cases cited19 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Tool Co. v. NorrisSupreme Court of the United States · 1865
- Lehnen v. DicksonSupreme Court of the United States · 1893
- Roberts v. CooperSupreme Court of the United States · 1858
- Runkle v. BurnhamSupreme Court of the United States · 1894
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3Cited by19 opinions
- Harry Martin, Zarnoff O. Samford and Martin Trailer Toters, Inc. v. Morgan Drive Away, Inc.Court of Appeals for the Fifth Circuit · 1982
- Gill v. Richmond Co-operative Ass'nMassachusetts Supreme Judicial Court · 1941
- Momand v. Twentieth-Century Fox Film CorporationDistrict Court, W.D. Oklahoma · 1941
- New Amsterdam Casualty Co. v. JonesCourt of Appeals for the Sixth Circuit · 1943
- Anabas Export Ltd. v. Alper Industries Inc.District Court, S.D. New York · 1985
14 more not listed; retrieve them via the Exa API.