Legal Opinion

Bourjois Sales Corp. v. Dorfman

New York Court of Appeals

Decided March 9, 1937PublishedCited by 93 opinions

1Opinion of the Court

Crane, Ch. J.

The complaint in this action has been dismissed upon the authority of our decision in Doubleday, Doran & Co. v. Macy & Co. (269 N. Y. 272), decided January 7, 1936. Mr. Justice Steinbrink at' Special Term felt obliged to follow this case, although later, in the October term of the same year, the United States Supreme Court took a different view of the law in Old Dearborn Distributing Co. v. Seagram-Distillers Corp. The justice was quite right as it is our duty to determine what we shall do with our former decision in the light of the more recent case.

In chapter 976 of the Laws of…

2Cases cited4 opinions

  1. Old Dearborn Distributing Co. v. Seagram-Distillers Corp.Supreme Court of the United States · 1936
  2. Doubleday, Doran & Co. v. R. H. MacY & Co.New York Court of Appeals · 1936
  3. People Ex Rel. Tipaldo v. MoreheadNew York Court of Appeals · 1936
  4. Seeck & Kade, Inc. v. TomshinskyNew York Court of Appeals · 1936

3Cited by93 opinions

  1. People v. DavisNew York Court of Appeals · 1977
  2. Wilke & Holzheiser, Inc. v. Department of Alcoholic Beverage ControlCalifornia Supreme Court · 1966
  3. Goldsmith v. Mead Johnson & Co.Court of Appeals of Maryland · 1939
  4. Lilly Co. v. . SaundersSupreme Court of North Carolina · 1939
  5. Liquor Store v. Continental Distilling Corp.Supreme Court of Florida · 1949

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