Thomas v. Musical Mutual Protective Union
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, mitered upon an order made June 19, 1888, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff, a member of the society defendant, to have certain of its by-laws declared void, and to restrain its directors from enforcing the same 'against plaintiff.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, mitered upon an order made June 19, 1888, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff, a member of the society defendant, to have certain of its by-laws declared void, and to restrain its directors from enforcing the same 'against plaintiff. The material facts are stated in the opinion. The by-laws in their legal ¿operative force, regulate the matter of association as between the members only;…
1Opinion of the Court
Ruger, Oh. J.
The remedy afforded for the restraint and punishment of corporations for illegal conduct in the exercise of privileges or franchises not conferred upon them by law, is through an action by the attorney-general to suspend their functions or annul their charters. (Code Civ. Pro. § 1798.)
Individuals who, by unlawful combinations, seek to interfere with the trade, business or occupation of others, with a view of- injuring or embarrassing them in the prosecution of such trade or business are subject to the penalties of the criminal law and become liable to criminal prosecution on…
2Cases cited6 opinions
- McHenry v. . JewettNew York Court of Appeals · 1882
- Bigelow v. Hartford Bridge Co.Supreme Court of Connecticut · 1842
- West v. Mayor of New-YorkNew York Court of Chancery · 1844
- People ex rel. Gray v. Medical Society of the County of ErieNew York Supreme Court · 1857
- Hurst v. . New York Produce ExchangeNew York Court of Appeals · 1885
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3Cited by57 opinions
- Kane v. WalshNew York Court of Appeals · 1946
- Southern Leasing Co. v. . LudwigNew York Court of Appeals · 1916
- Staver Co. v. SkrobischAppellate Division of the Supreme Court of the State of New York · 1988
- Stinson v. GrahamCourt of Appeals of Texas · 1926
- Continental Securities Co. v. Interborough Rapid Transit Co.District Court, S.D. New York · 1913
52 more not listed; retrieve them via the Exa API.