Cohen v. Berlin & Jones Envelope Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Berlin & Jones Envelope Company, from a judgment of the Supreme Court in favor :of the plaintiff, entered in the office of the clerk of the county of .New York on •the 2d day of July, 1898, upon the verdict of a jury, and also, from -an order entered in sajd clerk’s -office- on the 30tli day of J uñe, 1898,. •denying said defendant’s motion for a new trial made upon the minutes.' - ■ ' This' appeal" was transferred from the first department' to…
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Appeal by the defendant, The Berlin & Jones Envelope Company, from a judgment of the Supreme Court in favor :of the plaintiff, entered in the office of the clerk of the county of .New York on •the 2d day of July, 1898, upon the verdict of a jury, and also, from -an order entered in sajd clerk’s -office- on the 30tli day of J uñe, 1898,. •denying said defendant’s motion for a new trial made upon the minutes.' - ■ ' This' appeal" was transferred from the first department' to the '.second department. ' : The -action was brought to recover damages resulting from the •breach by the defendants of…
1Opinion of the Court
Hatch, J. :
"The contract which is the subject of this-action was reviewed by the Appellate Division in the,' first department upon a demurrer interposed to the plaintiff’s complaint, and the court held, in affirmance of the court at Special Term, that it did not appear upon the face Of the contract that it was illegal as being in restraint of trade or for any other reason. (Cohen v. Berlin & Jones Envelope Co.,. 9 App. Div. 425.) We think that the determination of the court upon such review was correct, and have no hesitation in adopting the .doctrine therein announced.. Upon this - appeal it…
2Cases cited6 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Leslie v. . LorillardNew York Court of Appeals · 1888
- Oakes v. Cattaraugus Water Co.New York Court of Appeals · 1894
- People v. Milk Exchange, Ltd.New York Court of Appeals · 1895
- Drake v. SieboldNew York Supreme Court · 1894
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