Porter v. Union Blue Stone Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the February term, 1889, which reversed an interlocutory judgment in favor of plaintiff entered upon an order of the Special Term overruling a demurrer.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the February term, 1889, which reversed an interlocutory judgment in favor of plaintiff entered upon an order of the Special Term overruling a demurrer. The complaint in this action alleged in substance that plaintiff and the defendants were dealers in blue stone; that the defendant, the Union Blue Stone Company, as party of the first part, entered into a written agreement with plaintiff and the other defendants, as parties of the second part. A copy of the contract…
1Opinion of the CourtFinch, J.
The terms of the contract between these parties gave the plaintiff a right of action against the Blue Stone Company, but none against the other parties to the agreement. The complaint assumes its validity, and no questions in that direction are raised. The sole inquiry is whether a cause of action was alleged against the demurring defendants. The injury charged is an unfair and improper apportionment of the year’s business by which the sales of the plaintiff were reduced in volume, and those of the defendants increased. The duty of making that apportionment was imposed on the Blue Stone…
2Cited by2 opinions
- Logan v. MooreNew York Supreme Court · 1898
- Tobenkin v. PiermontAppellate Terms of the Supreme Court of New York · 1909