General Aniline & Film Corp. v. Bayer Co.
New York Court of Appeals
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
- Hansberry v. LeeSupreme Court of the United States · 1940
- National Licorice Co. v. National Labor Relations BoardSupreme Court of the United States · 1940
- Swift & Co. v. United StatesSupreme Court of the United States · 1928
- United States v. National Lead Co.Supreme Court of the United States · 1947
- Nashville, Chattanooga & St. Louis Railway Co. v. United StatesSupreme Court of the United States · 1885
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3Cited by42 opinions
- Commissioners of State Insurance Fund v. LowNew York Court of Appeals · 1958
- Asher v. Abbott LaboratoriesAppellate Division of the Supreme Court of the State of New York · 2003
- Flintkote Co. v. American Mutual Liability InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
- Mich. Ass'n of Psychotherapy Clinics v. Blue Cross and Blue Shield of Mi.Michigan Court of Appeals · 1980
- United States v. Carrols Development Corp.District Court, N.D. New York · 1978
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