Legal Opinion

Hurst v. . New York Produce Exchange

New York Court of Appeals

Decided October 6, 1885PublishedCited by 17 opinions

This was an appeal from an order of General Term affirming an order of Special Term granting a temporary injunction. The action was brought by plaintiff, a member of defendant, the New York Produce Exchange, and an agent of the National Steamship Company, to restrain said defendant from entertaining a complaint against him by defendant Carbart, an agent of the New York, Lake Erie and Western Railroad Company.

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This was an appeal from an order of General Term affirming an order of Special Term granting a temporary injunction. The action was brought by plaintiff, a member of defendant, the New York Produce Exchange, and an agent of the National Steamship Company, to restrain said defendant from entertaining a complaint against him by defendant Carbart, an agent of the New York, Lake Erie and Western Railroad Company. The complaint and affidavits upon which the temporary injunction was granted alleged, in substance, that said railroad company delivered at the wharf of the steamship company certain…

1Opinion of the Court

Earl, J.,

reads for reversal of order and dissolution of temporary injunction; Ruger, Ch. J., and Miller, J., concur; Andrews, J. concurs in result (on ground above stated).

Danforth, J. (dissenting), reads for affirmance; Rapallo and Finch, JJ., concur.

Order reversed.

2Cited by17 opinions

  1. In Re Haebler v. . N.Y. Produce ExchangeNew York Court of Appeals · 1896
  2. Thomas v. Musical Mutual Protective UnionNew York Court of Appeals · 1890
  3. People Ex Rel. Johnson v. New York Produce ExchangeNew York Court of Appeals · 1896
  4. Moyse v. New York Cotton ExchangeAppellate Division of the Supreme Court of the State of New York · 1911
  5. Albers v. Merchants' Exchange of St. LouisMissouri Court of Appeals · 1890

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