Rourke v. Elk Drug Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John H. Roiirke and another, from, interlocutory judgments of the'Supreme Court, one in favor of the defendants, The Elk Drug Company and others, and one.in.favor of the defendant;, Samuel L. Smith, as President of the Binghamton Retail Druggists’ Association, entered in the office of the clerk of the county of Broome on the 18th day of February, 1902, upon decisions of the court, rendered after trials at the Broome Special Term, sustaining…
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Appeal by the plaintiffs, John H. Roiirke and another, from, interlocutory judgments of the'Supreme Court, one in favor of the defendants, The Elk Drug Company and others, and one.in.favor of the defendant;, Samuel L. Smith, as President of the Binghamton Retail Druggists’ Association, entered in the office of the clerk of the county of Broome on the 18th day of February, 1902, upon decisions of the court, rendered after trials at the Broome Special Term, sustaining demurrers to the complaint. Two demurrers to the complaint were taken, one by defendant Samuel L. Smith, as president of the…
1Opinion of the CourtKellogg, J.
The specification of the demurrers on the first ground — defect of parties defendant —is the failure to join several others as defendants whom the complaint charges to be co-conspirators. The action is in tort, and each tort feasor is liable severally if at all. The demurrers are not, therefore, good on the ground first stated."
The complaint does not offend by uniting improperly several causes of action. There is but one cause of action alleged. The plaintiffs’ grievances seem to be in the injury to their business as druggists, caused.by these defendants doing various acts in pursuit of a…
2Cases cited1 opinion
- National Protective Ass'n of Steam Fitters & Helpers v. CummingNew York Court of Appeals · 1902
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- National Fireproofing Co. v. Mason Builders' Ass'nCourt of Appeals for the Second Circuit · 1909
- Brandt v. WinchellAppellate Division of the Supreme Court of the State of New York · 1954
- Foster v. Retail Clerks' International Protective Ass'nNew York Supreme Court · 1902
- Burgess Bros. v. StewartNew York Supreme Court · 1920
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