# People ex rel. Johnson v. New York Produce Exchange

> The Superior Court of New York City · May 15, 1894 · 59 N.Y. St. Rep. 531

URL: https://www.frixlaw.com/law-library/cases/8336320

## Case

- **Full name:** The People ex rel. Edwin L. Johnson, App'lt v. The New York Produce Exchange, Resp't
- **Court:** The Superior Court of New York City
- **Decided:** May 15, 1894
- **Citations:** 59 N.Y. St. Rep. 531
- **Precedential status:** Published
- **Opinion:** Concurrence by Dugro
- **Judges:** Dugro, Gtldersleeve, Sedgwick
- **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/8336320

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8336320. Public record. Not legal advice.