Legal Opinion

General Aniline & Film Corp. v. Bayer Co.

New York Court of Appeals

Decided July 14, 1953PublishedCited by 42 opinions

1Opinion of the CourtFuld, J.

In this action, for breach of contract and for money had and received, a certified question calls upon us to consider the legal sufficiency of two separate and affirmative defenses.

According to the complaint, defendant Bayer 1 in 1923 entered into a written agreement — termed an ‘ ‘ international cartel arrangement ” (per Hecht, J., 188 Misc. 929, 930) — with a German corporation, Farbenfabriken Vorm. Friedr. Bayer & Company of Leverkusen. 2 The parties agreed to divide the markets throughout the world, specifying the countries in which each was to have the exclusive right to sell its…

2Cases cited23 opinions

  1. Hansberry v. LeeSupreme Court of the United States · 1940
  2. National Licorice Co. v. National Labor Relations BoardSupreme Court of the United States · 1940
  3. Swift & Co. v. United StatesSupreme Court of the United States · 1928
  4. United States v. National Lead Co.Supreme Court of the United States · 1947
  5. Nashville, Chattanooga & St. Louis Railway Co. v. United StatesSupreme Court of the United States · 1885

18 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Commissioners of State Insurance Fund v. LowNew York Court of Appeals · 1958
  2. Asher v. Abbott LaboratoriesAppellate Division of the Supreme Court of the State of New York · 2003
  3. Flintkote Co. v. American Mutual Liability InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
  4. Mich. Ass'n of Psychotherapy Clinics v. Blue Cross and Blue Shield of Mi.Michigan Court of Appeals · 1980
  5. United States v. Carrols Development Corp.District Court, N.D. New York · 1978

37 more not listed; retrieve them via the Exa API.

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