John D. Park & Sons Co. v. Hubbard
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 12, 1909, which reversed an order of Special Term granting a motion for leave to file and serve a supplemental complaint and denied said motion. The nature of the action, the facts, so far as material, and the question certified, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 12, 1909, which reversed an order of Special Term granting a motion for leave to file and serve a supplemental complaint and denied said motion. The nature of the action, the facts, so far as material, and the question certified, are stated in the opinion. The power exists under section 544 of the Code of Civil Procedure to allow the filing and serving of a supplemental complaint, in an' action at law for damages, alleging the continuance since the…
1Opinion of the Court
Cullen, Ch. J.
The action is at law to recover damages for an illegal combination between the several defendants, under which they refused to sell any of their goods to the plaintiff, a wholesale druggist. The action was begun on August 22d, 1897. The details of the combination and the acts of the defendants in pursuance thereof were stated in the original complaint. In July, 1909, the plaintiff applied to the Special Term for leave to serve an amended complaint stating further acts done by the several defendants in pursuance of the combination and the injuries inflicted thereby on the…
2Cases cited3 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Holyoke v. . AdamsNew York Court of Appeals · 1874
- Spears v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1878
3Cited by21 opinions
- Nishman v. De MarcoAppellate Division of the Supreme Court of the State of New York · 1980
- Losei Realty Corp. v. City of New YorkNew York Court of Appeals · 1930
- Gold Medal Farms, Inc. v. Rutland County Co-Operative Creamery, Inc.Appellate Division of the Supreme Court of the State of New York · 1959
- Watson v. Consolidated Laundries Corp.Appellate Division of the Supreme Court of the State of New York · 1932
- Kaiser v. FishmanAppellate Division of the Supreme Court of the State of New York · 1988
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