Thomsen v. Union Castle Mail S. S. Co.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York.
1Opinion of the Court
NOYES, Circuit Judge.
The plaintiffs brought an action for the recovery of treble damages under the seventh section of the federal anti-trust statute. The case came to trial, and the plaintiffs put in a part of their testimony, when, over their objection, the trial court dismissed the complaint.
In determining whether there was error in this action, it must be assumed that the plaintiffs, had they been permitted to proceed, would have established that which they alleged, unless negatived by their evidence or admissions upon the trial. The complaint alleges, in substance, that the defendants…
2Cases cited2 opinions
- Northern Securities Co. v. United StatesSupreme Court of the United States · 1904
- National Cotton Oil Co. v. TexasSupreme Court of the United States · 1905
3Cited by15 opinions
- Straus v. Victor Talking Mach. Co.Court of Appeals for the Second Circuit · 1924
- North Texas Producers Association v. Keith YoungCourt of Appeals for the Fifth Circuit · 1962
- Gerli v. Silk Ass'n of AmericaDistrict Court, S.D. New York · 1929
- American Banana Co. v. United Fruit Co.Court of Appeals for the Second Circuit · 1908
- Central Telecommunications, Inc. v. Tci Cablevision, Inc., Community Telecommunications, Inc. And Telecommunications, Inc.Court of Appeals for the Eighth Circuit · 1986
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