Hawarden v. Youghiogheny & Lehigh Coal Co.
Wisconsin Supreme Court
Appeals from an order of the circuit court for Douglas county: A. J. YiNje, Circuit Judge. The plaintiff’s complaint in this action attempts to state two causes of action: (1) A cause of action at law by the plaintiff, a retail coal dealer at Superior, to recover damages of tbe defendants by reason of the malicious destruction of bis business, resulting from an alleged conspiracy on tbe part of tbe defendants; and (2) a cause of action in equity by the plaintiff on bis own…
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Appeals from an order of the circuit court for Douglas county: A. J. YiNje, Circuit Judge. The plaintiff’s complaint in this action attempts to state two causes of action: (1) A cause of action at law by the plaintiff, a retail coal dealer at Superior, to recover damages of tbe defendants by reason of the malicious destruction of bis business, resulting from an alleged conspiracy on tbe part of tbe defendants; and (2) a cause of action in equity by the plaintiff on bis own behalf and on behalf of many others similarly situated to restrain tbe further enforcement of tbe alleged conspiracy.…
1Opinion of the CourtWiNSlow, J.
The first count of the complaint is claimed to state a cause of action at law to recover damages resulting from ■ an unlawful conspiracy, and the second count a cause of action in equity on behalf of a class to restrain the further execution of the conspiracy, and both counts are challenged by demurrer for insufficiency of facts.
1. The gist of the first count is that the plaintiff was a retail coal dealer in the city of Superior; that the defendants, “ the wholesalers,” own practically all the coal docks at Superior and Duluth, and that a retailer cannot carry on his business at Superior…
2Cases cited4 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Beck v. Railway Teamsters' Protective UnionMichigan Supreme Court · 1898
- George v. BenjaminWisconsin Supreme Court · 1898
- Hodges v. NaltyWisconsin Supreme Court · 1899
3Cited by29 opinions
- Short v. Hotel Riviera, Inc.Nevada Supreme Court · 1963
- Northern Wisconsin Co-operative Tobacco Pool v. BekkedalWisconsin Supreme Court · 1924
- Dunshee v. Standard Oil Co.Supreme Court of Iowa · 1911
- Niklaus v. Abel Construction CompanyNebraska Supreme Court · 1957
- Schlosser v. Allis-Chalmers Corp.Wisconsin Supreme Court · 1974
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