ENDICOTT JOHNSON CORPORATION
v.
SMITH

U.S. | 1924-11-17
No. 64
266 U.S. 291 Supreme Court of the United States (1924) Caution
Also reported at: 69 L. Ed. 293 · 45 S. Ct. 63 · SCDB 1924-009 · 1924 U.S. LEXIS 2666
Cited by 53 cases

Opinion of the Court
Mr. Justice Sanford

Mr. Justice Sanford delivered the opinion of the Court.

This case, like Endicott Johnson Corporation v. Encyclopedia Press, Inc., No. 41, just decided, ante, 285, involves the constitutional validity of § 139Í of the New York Code of Civil Procedure. 189 N. Y. Supp. 673; 199 App. Div. 194; 234 N. Y. 628. It is in all respects similar to the Encyclopedia Press Case and governed by the decision therein.

The judgment is

Affirmed.


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Citator

Cited By (27 total)

  • Hackner v. Guar. Tr. Co. of N.Y., 117 F.2d 95 (2d Cir. 1941)
    …y by several defendants: it is- admitted for the purpose of the motion to dismiss that defendants are co-conspirators. Yet the requisite value from plaintiffs’ viewpoint is lacking. Compare Woodmen of the World v. O’Neill, 266 U.S. 292, 45 S.Ct. 49, 69 L.Ed. 293; Central Mexico Light & Power Co. v. Munch, supra. The proffered amendment added one plaintiff, York, who had never transferred her bonds; seemingly, therefore, she sustained no damage, but at any event, the possible loss of 50 per cent of her inve…
  • Cent. Mexico Light & Power Co. v. Munch, 116 F.2d 85 (2d Cir. 1940)
    …19, 17 S.Ct. 89, 41 L.Ed. 451; Northern Pacific R. Co. v. Walker, 148 U.S. 391, 13 S.Ct. 650, 37 L.Ed. 494; Walter v. Northeastern R. Co., 147 U.S. 370, 13 S.Ct. 348, 37 L.Ed. 206; see also Woodmen of the World v. O’Neill, 266 U.S. 292, 45 S.Ct. 49, 69 L.Ed. 293. For like reasons a judgment rendered in such an action is not binding upon the persons represented. Hansberry v. Lee, 311 U.S. —, 61 S.Ct. 115, 85 L.Ed. —, Nov. 12, 1940; 2 Moore’s Federal Practice 2283-2294 ; 49 Yale L.J. 1128; see also Advisory C…
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  • Ballard v. Mut. Life Ins. Co. of N.Y., 109 F.2d 388 (5th Cir. 1940)

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