Cummings v. . Union Blue Stone Co.
New York Court of Appeals
Appeal from judgments of the Appellate Division of the Supreme Court in the second judicial department, entered July 30,1897, and July 8,1898, affirming judgments in favor of defendants entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from judgments of the Appellate Division of the Supreme Court in the second judicial department, entered July 30,1897, and July 8,1898, affirming judgments in favor of defendants entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. Rot every agreement -in restraint of trade is unlawful; and whether the agreement at bar is in unlawful restraint of trade or not is a question of fact for a jury. It is not against public policy to insist upon a reasonable profit in place of a ruinous price. (D. M. Co. v.…
1Opinion of the CourtLandon, J.
The trial court, in directing a verdict for the defendants, held that the contract, for the alleged violation of which by the defendants the plaintiff sought to recover damages, was a combination to control the market of blue stone and the market price, and to increase the market price and maintain it at the increased price, and was, therefore, void.
The evidence was to the effect that in 1887 the plaintiff and fourteen other persons were the producers of nearly the whole product of Hudson river blue stone, and of at least ninety per centum of the whole amount of such stone sold in the Hew…
2Cases cited12 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Leslie v. . LorillardNew York Court of Appeals · 1888
- Hodge v. . SloanNew York Court of Appeals · 1887
- Arnot v. . Pittston and Elmira Coal Co.New York Court of Appeals · 1877
- People v. . SheldonNew York Court of Appeals · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Matter of DaviesNew York Court of Appeals · 1901
- John D. Park & Sons Co. v. HartmanCourt of Appeals for the Sixth Circuit · 1907
- Brown v. Staple Cotton Co-operative Ass'nMississippi Supreme Court · 1923
- Connors v. ConnollySupreme Court of Connecticut · 1913
30 more not listed; retrieve them via the Exa API.