Legal Opinion · Dissent
General Aniline & Film Corp. v. Bayer Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 16, 1952Published
1DissentVan Yoorhis, J.
Defendants appeal from an order striking affirmative defenses from the amended answer as insufficient in law. My dissent is from the affirmance of that part of the order which strikes the first defense.1
Plaintiff sues in the State court to enforce a cartel agreement which has been adjudged by the United States District Court to violate the Federal antitrust laws. The decree in the antitrust suit, prosecuted by this plaintiff’s principal stockholder, which is the United States of America, restrains defendants from performing the agreement on which this suit is based, and from paying to…
2Cases cited10 opinions
- White v. SchloerbSupreme Court of the United States · 1900
- Schindler v. Royal Insurance Co.New York Court of Appeals · 1932
- People v. Globe Mutual Life InsuranceNew York Court of Appeals · 1883
- Kansas Union Life Ins. v. BurmanCourt of Appeals for the Eighth Circuit · 1905
- Torquay Corporation v. Radio Corporation of AmericaDistrict Court, S.D. New York · 1932
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