Export Lumber Co. v. South Brooklyn Sawmill Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The South Brooklyn Sawmill Company and George C. Bergen, as executor, etc., of Zacheus Bergen, deceased, from an interlocutory 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 6th day of April, 1900, upon the decision of the court, rendered after a trial at the New York Special Term, overruling said defendants’ demurrer to the complaint.
1Opinion of the Court
The following is the opinion of the court below:
Nash, J.:
Two of the five defendants demur to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action. The point made by defendants’ counsel, as stated in his brief, is as follows: This agreement was evidently “ a thinly disguised attempt to create an absolute monopoly in the business of exporting lumber, destrcying competition and prejudicing the public interest in the most flagrant way, since it permitted each party to the corrupt agreement to masquerade before the public as .an independent business…
2Cases cited4 opinions
- Lorillard v. . ClydeNew York Court of Appeals · 1881
- People v. . SheldonNew York Court of Appeals · 1893
- Judd v. . HarringtonNew York Court of Appeals · 1893
- Cohen v. Berlin & Jones Envelope Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Fisher Flouring Mills Co. v. SwansonWashington Supreme Court · 1913