# Jacobson Bros. Exquisite Footwear, Inc. v. Relda Fine Shoes, Inc.

> New York Supreme Court · June 13, 1951 · 199 Misc. 820

URL: https://www.frixlaw.com/law-library/cases/5430761

## Case

- **Full name:** Jacobson Bros. Exquisite Footwear, Inc. v. Relda Fine Shoes, Inc.
- **Court:** New York Supreme Court
- **Decided:** June 13, 1951
- **Citations:** 199 Misc. 820; 105 N.Y.S.2d 520; 1951 N.Y. Misc. LEXIS 1935
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Eder
- **Judges:** Eder
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5430761

## Opinion text

Eder, J.
On settlement of decision and judgment. The action herein was brought pursuant to section 369-a et seq. of the General Business Law (Feld-Crawford Fair Trade Act), which relates to intrastate commerce. Schwegmann Bros. v. Calvert Distillers Corp. ( 341 U. S. 384 ) is clearly distinguishable. It is clear therefrom that it is without application or governing effect here. That case involved the Miller-Tydings Enabling Act (U. S. Code, tit. 15, § 1), and relates to interstate commerce. This action at bar involves intrastate transactions. The Schwegmann case ruling is applicable to and affects only interstate transactions in an action by a producer against a local retailer. In the instant case both parties were local retailers and the transactions were entirely local. Moreover, there is no evidence in the record that interstate commerce was involved; neither “ implication ” nor “ inference ” may be invoked in that regard. The court sees no ground for reconsideration of its decision because of the ruling in the Schwegmann case.
Decision and judgment signed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5430761. Public record. Not legal advice.