Butterick Publishing Co. v. Frederick Loeser & Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 1, 1921, which reversed an order of Special Term granting a motion for an injunction pendente lite.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 1, 1921, which reversed an order of Special Term granting a motion for an injunction pendente lite. The following questions were certified: “1. Does the complaint herein state facts sufficient to constitute a cause of action? 2. Was the contract herein terminated on January 20, 1921, by the service of a notice of a desire to terminate the same? ” The complaint states facts sufficient to constitute a cause of action. (Standard Fashion Company v. Siegel Cooper Co.,…
1Opinion of the Court
Hiscock, Ch. J.
This action was brought to restrain defendant from selling patterns for ladies’ and children’s garments made by a competitor of plaintiff in violation, as alleged, of the terms of a contract made between the-parties. The questions which have been certified to us have arisen on an appeal from an order by the Appellate Division vacating an injunction granted by the Special Term restraining defendant from thus selling the competitor’s patterns during the pendency of this action and the first of these involves the sufficiency • of the complaint. In examining that pleading in…
2Cases cited3 opinions
- Standard Fashion Co. v. . Siegel-Cooper Co.New York Court of Appeals · 1898
- Butterick Publishing Co. v. FisherMassachusetts Supreme Judicial Court · 1909
- Butterick Publishing Co. v. RoseWisconsin Supreme Court · 1910
3Cited by7 opinions
- Division of the Triple T Service, Inc. v. Mobil Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1969
- H. Daroff & Sons, Inc. v. VitulloSupreme Court of Pennsylvania · 1944
- Autowest, Inc. v. Peugeot, Inc.District Court, E.D. New York · 1966
- McCann v. Frank B. Hall & Co., Inc.District Court, N.D. Illinois · 1985
- Atlantic Refining Co. v. SheffersSuperior Court of Rhode Island · 1924
2 more not listed; retrieve them via the Exa API.