Atcheson v. . Mallon
New York Court of Appeals
Appeal from an order of the late General Term of the Supreme Court in the fourth judicial district, reversing the judgment and granting a new trial, on appeal hy the defend ant, from a judgment rendered on the verdict of a jury.
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Appeal from an order of the late General Term of the Supreme Court in the fourth judicial district, reversing the judgment and granting a new trial, on appeal hy the defend ant, from a judgment rendered on the verdict of a jury. The action was for an accounting, and the payment to the plaintiff of his -share of the profits realized hy the defendant on a certain contract with the town of Oswegatchie, St. Lawrence county, for the collection of the taxes assessed upon that town. By an act of the legislature passed March 9th, 1866 (Sess. Laws of 1866, vol. 1, p. 244), the board of town auditors…
1Opinion of the CourtFolger, J.
It is not necessary, for the determination of this case, to inquire whether the effect of the agreement between the parties was in fact detrimental to the town of Oswegatchie. The true inquiry is, is it the natural tendency of such an agreement to injuriously influence the public interests ? The rule is, that agreements, which in their necessary operation upon the action of the parties to them, tend, to restrain their natural rivalry and competition, and thus to result in the disadvantage of the public, or of third parties, are against the principles of sound public policy, and are void.…
2Cited by53 opinions
- McMullen v. HoffmanSupreme Court of the United States · 1899
- Pullman's Palace Car Co. v. Central Transportation Co.Supreme Court of the United States · 1898
- Kuhn v. BuhlSupreme Court of Pennsylvania · 1916
- Veazey v. . AllenNew York Court of Appeals · 1903
- Citizens' Nat. Bank of Chickasha v. MitchellSupreme Court of Oklahoma · 1909
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