The Butterick Publishing Co. v. Mistrot-Munn Co., Inc.
The Butterick Publishing Company, Appellant, v. Mistrot-Munn Company, Inc., Respondent
The Butterick Publ'g Co. v. Mistrot-Munn Co., 112 N.E. 1055 (N.Y. 1916)
Summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 1, 1915, which reversed an interlocutory judgment of Special Term sustaining a demurrer to a separate defense set up in the answer and overruled said demurrer in an action to recover for defendant’s refusal to perform a contract for the sale of patented patterns and copyrighted publications at a fixed price. Defendant in its amended answer sets up as a separate and complete defense to said cause of action the so-called Texas AntiTrust Act, approved March.31, 1903, alleging that the contracts between the parties were by said statute absolutely void and unenforceable at the time of their execu ■ tion and of defendant’s refusal to perform.
The following question was certified: “Is the first separate and complete defense set up in the amended answer to the amended complaint sufficient in law upon the face thereof ? ”
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Order affirmed, with costs, on opinion of Scott, J., below, and question certified answered in the affirmative.
Concur: Willard Bartlett, Ch. J., Chase, Collin, Cuddeback, Cardozo, Seabury and Pound, JJ.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 1 case
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.