Report of Committee on General Laws Relative to Combinations Commonly Known as Trusts |
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Page 6
... Contracts in restraint of trade were held to be void - as contrary to public policy . Fore- stalling , regrating and engrossing , the effects of which are claimed to be similar to those of combinations and trusts , were punishable by ...
... Contracts in restraint of trade were held to be void - as contrary to public policy . Fore- stalling , regrating and engrossing , the effects of which are claimed to be similar to those of combinations and trusts , were punishable by ...
Page 8
... contract could be enforced at law upon the theory that contracts in partial restraint of trade were not necessarily contrary to public policy . Later still the courts expanded the rule so that contracts limited in time and to a ...
... contract could be enforced at law upon the theory that contracts in partial restraint of trade were not necessarily contrary to public policy . Later still the courts expanded the rule so that contracts limited in time and to a ...
Page 9
... contract between certain steamboat companies ( corporations ) to restrain competition , the contract was held good . The court in that case used the following language , which comes very close to the subject of this inquiry . " At the ...
... contract between certain steamboat companies ( corporations ) to restrain competition , the contract was held good . The court in that case used the following language , which comes very close to the subject of this inquiry . " At the ...
Page 40
... contract with the Atlantic company put in evidence as follows . See appendix A. ] The WITNESS . — They are all alike , simply different mines in each - word for word alike in other respects . Q. This bears date , I see , April 19 , 1888 ...
... contract with the Atlantic company put in evidence as follows . See appendix A. ] The WITNESS . — They are all alike , simply different mines in each - word for word alike in other respects . Q. This bears date , I see , April 19 , 1888 ...
Page 41
... contracts were made . Q. Under these contracts your companies have gone on producing copper and delivering it to the syndicate ? A. Yes , sir . Q. Has it remained in this country or gone abroad ? A. What could be sold here we have ...
... contracts were made . Q. Under these contracts your companies have gone on producing copper and delivering it to the syndicate ? A. Yes , sir . Q. Has it remained in this country or gone abroad ? A. What could be sold here we have ...
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Common terms and phrases
agree agreement amount association Atlantic Mining Bagging Company BLISS boat boatmen Buffalo buyers canal capital cent a bushel cent a pound CHAIRMAN charge combination commission committee competition consumer contract copper corporations cost cotton bagging creamery dairy dealers deed Delaware county delivered difference dividend dollars elevator farmer five-eighths fix the price forty cents freight French syndicate grain interest jute lactometer Lake Superior LANGBEIN lessee lessor LINSON LO LO manufacture McEvoy bill mills Mining Company monopoly months one-fourth cent one-half cent Orange county organization paid party present price fixed price of milk profit purchase railroad raw sugar refined sugar sell Senate shipping milk sold stockholders storage Sugar Trust supply and demand testified as follows trade trust board Ulster and Delaware unloading vessel Waterbury Weehawken wholesale grocers York city York Milk Exchange
Popular passages
Page 8 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Page 302 - The clear tendency of such an agreement is to establish a monopoly, and to destroy competition in trade, and for that reason on grounds of public policy, courts will not aid in its enforcement. It is no answer to say that competition in the salt trade was not in fact destroyed, or that the price of the commodity was not unreasonably advanced. Courts will not stop to inquire as to the degree of injury inflicted upon the public ; it is enough to know that the inevitable tendency of such contracts is...
Page 306 - Any combination, the tendency of which is to prevent competition in its broad and general sense and to control, and thus at will enhance prices to the detriment of the public, is a legal monopoly.
Page 233 - WITNESSETH that the said party, of the first part, for and in consideration of the sum of One Thousand two hundred dollars, lawful money of the United States of America to them in hand paid by the party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged...
Page 7 - VI. c.14. to be the buying or contracting for any merchandise or victual coming in the way to market; or dissuading persons from bringing their goods or provisions there: or persuading them to enhance the price, when there: any of which practices make the market dearer to the fair trader.
Page 250 - And it is further agreed that if any rent shall be due and unpaid, or if default be made in any of the covenants herein contained, it shall then be lawful for the said party of the first part...
Page 7 - Regrating was described by the same statute to be the buying of corn, or other dead victual, in any market, and selling it again in the same market, or within four miles of the place.
Page 296 - When the certificate shall have been filed as aforesaid, the persons who shall have signed and acknowledged the same, and their successors, shall be a body politic and corporate, in fact and in name, by the name stated in such certificate, and by that name...
Page 300 - We are not aware of any rule of law which makes the motive of the covenantee the test of the validity of such a contract. On the contrary we suppose a party may legally purchase the trade and business of another for the very purpose of preventing competition, and the validity of the contract, if supported by a consideration, will depend upon its reasonableness as between the parties.
Page 304 - One word in passing only on the contention that this combination of the defendants was unlawful because it was in restraint of trade. It seems to me it was no more in restraint of trade, as that phrase is used for the purpose of avoiding contracts, than if two tailors in a village agreed to give their customers five per cent, off their bills at Christmas on condition of their customers dealing with them and with them only.