Locker v. American Tobacco Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John A. Locker and another, from, a' judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 29th day of January, 1906, upon the decision of the court, rendered on the plaintiffs’ opening upon a trial. at the Kings County'.Special Term, ' granting the defendants’ motion to dismiss the complaint, the motion being based upon the complaint and opening, separately and united,' as not…
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Appeal by the plaintiffs, John A. Locker and another, from, a' judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 29th day of January, 1906, upon the decision of the court, rendered on the plaintiffs’ opening upon a trial. at the Kings County'.Special Term, ' granting the defendants’ motion to dismiss the complaint, the motion being based upon the complaint and opening, separately and united,' as not stating facts sufficient to constitute a cause of action, The complaint, subdivision I, alleges the cojiartnershi'p of the…
1Opinion of the Court
Rich, J.:; • This action is brought, as we have seen by the above complaint, to restrain what is alleged to be an unlawful combination between the defendants, in restraint of trade in tobacco, in Greater New York; and the only question before us is, whether the facts alleged in the complaint, as varied by the opening, establish a cause of action. Every allegation of fact contained in the pleading must be taken as admitted, in addition to which plaintiffs are entitled to the benefit of' every fair and reasonable presumption which may be justifiably implied therefrom. We may eliminate from…
2Cases cited13 opinions
- Curran v. . GalenNew York Court of Appeals · 1897
- Slocum v. MayberrySupreme Court of the United States · 1817
- Matter of DaviesNew York Court of Appeals · 1901
- People v. North River Sugar Refining Co.New York Court of Appeals · 1890
- People v. . SheldonNew York Court of Appeals · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- WFB Telecommunications, Inc. v. NYNEX Corp.Appellate Division of the Supreme Court of the State of New York · 1992
- State v. Duluth Board of TradeSupreme Court of Minnesota · 1909
- Eastman Kodak Co. v. Powers Film Products, Inc.Appellate Division of the Supreme Court of the State of New York · 1919
- Barns v. Dairymen's League Cooperative Ass'nAppellate Division of the Supreme Court of the State of New York · 1927
- Marsich v. Eastman Kodak Co.Appellate Division of the Supreme Court of the State of New York · 1935
31 more not listed; retrieve them via the Exa API.