Lehigh Valley R.R. Co. v. United Lead Co.
Supreme Court of New Jersey
1Opinion of the Court
The opinion of the court was delivered by
Black, J.
The questions of law presented for decision in this case arise out of a motion on the pleadings under Pamph. L. 1912, p. 389, § 26—rule No. 40 of the Supreme Court, which takes the place of- a demurrer to a pleading.
The questions involved, stated broadly, are:
First. Is the contract sued on illegal as being in violation of statutes?
Second. If so, is the legal part separable from the illegal part, so, that, the illegality of the one does not affect the validity of the other?
The suit was brought by the plaintiff to recover $1,726.59 money…
2Cases cited2 opinions
- New York, New Haven & Hartford Railroad v. Interstate Commerce CommissionSupreme Court of the United States · 1906
- Blasdel v. FowleMassachusetts Supreme Judicial Court · 1876
3Cited by13 opinions
- City of Plainfield v. Public Service Electric and Gas CompanySupreme Court of New Jersey · 1980
- Wilentz v. HendricksonNew Jersey Court of Chancery · 1943
- Naseef v. Cord, Inc.New Jersey Superior Court Appellate Division · 1966
- Rosenthal v. Art Metal, Inc.New Jersey Superior Court Appellate Division · 1967
- Dalton, Dalton, Little, Inc. v. MirandiDistrict Court, D. New Jersey · 1976
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