Opinion

People ex rel. Johnson v. New York Produce Exchange

  • 59 N.Y. St. Rep. 531
Court
The Superior Court of New York City
Filed
May 15, 1894
Status
Published
Author
Dugro
On the bench
Dugro, Gtldersleeve, Sedgwick
Cited by
0 cases

The opinion

Dugro, J.

(concurring).—I think it is fair to conclude that a belief by defendant’s board of managers that a breach of contract is a proceeding inconsistent with just and equitable principles of trade, within the meaning of that term as used in the by-laws of defendant, led to the plaintiff’s expulsion.

The belief did not accord with the fact. A breach of contract is not the “proceeding” referred to in the by-law. The opinion of Judge Danforth in Hurst v. Produce Exchange, 1 Cent. Rep., 265, is convincing upon this point.

I concur with the chief justice in his disposition of the appeal

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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