Cohen v. Berlin & Jones Envelope Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Charles J. Cohen against the Berlin & Jones Envelope Company, impleaded with others, for damages for breach of a contract. From a judgment for plaintiff, and from an order denying a new trial, the company appeals. Transferred from First to Second department.
1Opinion of the CourtHatch, J.
The contract which is the subject of this action was reviewed by the appellate division in the First department upon a demurrer interposed to the plaintiff’s complaint; and the court held, in affirmance of the court at special term, that it did not appear upon the face of the contract that it was illegal as being in *589restraint of trade, or for any other reason. Cohen v.- Envelope Co., 9 App. Div. 425, 41 27. Y. Supp. 345. We think that the determination of the court upon such review was correct, and have no hesitation in adopting the doctrine therein announced. Upon this appeal it is insisted…
2Cases cited10 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Leslie v. . LorillardNew York Court of Appeals · 1888
- People v. . SheldonNew York Court of Appeals · 1893
- Oakes v. Cattaraugus Water Co.New York Court of Appeals · 1894
- People v. Milk Exchange, Ltd.New York Court of Appeals · 1895
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3Cited by2 opinions
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
- Knight & Jillson Co. v. MillerIndiana Supreme Court · 1909