Legal Opinion

Buffalo Lubricating Oil Co. v. Standard Oil Co.

New York Court of Appeals

Decided July 1, 1887Published

Appeal from judgment of supreme court, general term, fifth department, affirming judgment and order of Erie special term, affirming appellant’s demurrer to complaint. The complaint stated that plaintiff, from July, 1881, to July, 1882, carried on the business of refining oil and manufacturing lubricating oils, owning lands ana extensive machinery, etc., employing skilled labor, etc., etc., and doing an extensive business.

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Appeal from judgment of supreme court, general term, fifth department, affirming judgment and order of Erie special term, affirming appellant’s demurrer to complaint. The complaint stated that plaintiff, from July, 1881, to July, 1882, carried on the business of refining oil and manufacturing lubricating oils, owning lands ana extensive machinery, etc., employing skilled labor, etc., etc., and doing an extensive business. That the Standard Oil Company, of Cleveland, Ohio, up to that time controlled the business of refining oil. That it organized the Acme Oil Company, and that it bought…

1Per curiam

We entertain no doubt that an action against a corporation may be maintained to recover damages caused by conspiracy. Morton v. Metropolitan Life Ins. Co. 34 Hun, 367; affirmed 103 NJ. Y., 645; Reed v. Home Sav. Bank, 130 Mass., 443. Krulivitz v. Eastern R. Co., 140 Mass., 575, Western News Co. v. Wilmarth, 33 Kan., 510. If actions can be maintained against corporations for malicious prosecution, libel, assault and battery, and other torts, we can perceive no reason for holding that actions may not be maintained against them for conspiracy It is well settled by the authorities cited that the…

2Cases cited3 opinions

  1. Reed v. Home Savings BankMassachusetts Supreme Judicial Court · 1881
  2. Derome v. VoseMassachusetts Supreme Judicial Court · 1886
  3. Western News Co. v. WilmarthSupreme Court of Kansas · 1885

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