Butterick Publishing Co. v. Mistrot-Munn Co.

Headnote

Butterick Publishing Co. v. Mistrot-Munn Co., Inc., 167 App. Div. 632 , affirmed.

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 ? ”