A Treatise on the Law of Monopolies and Industrial Trusts, as Administered in England and in the United States of America

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Central law journal Company, 1898 - 760 стор.
 

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For influencing the administration of justice
32
For changing the officers of corporations
33
For renouncing an executorship
34
For assignment of salary not yet due
35
Modification of the common law doctrine
92
The creation of a corner in necessaries
93
CHAPTER II
107
The general rule
111
The rule in England
115
Partial distinguished from general restraint
116
Question of consideration 41 Limitations of time
123
The subject continued
126
The subject continued
127
Touching territorial limitations
128
The subject continued
131
Territorial limits determined
139
Validity of contracts in restraint of trade as affected by their reasonableness
142
Divisibility of illegal contracts
147
The subject continued 49 Limitations in conveyances 50 The subject continued
151
The grantee restrained by the terms of the conveyance 52 Contracts relating to trade secrets
160
Restraint of trade by patents
165
Wuere contracts relating to patents are not upheld
169
Restraint in the sale of a trademark
171
Restraint in publication contract
174
As applied to trades and other occupations
197
In its application to traveling salesmen
202
Constraint of trade construed as a limited partnership
204
CHAPTER IV
206
Contracts granting an exclusive business privilege 206 68 Contracts granting an exclusive business privilege 69 Contracts relating to a particular article
209
Contracts under which the grantor retains an interest in the business
210
Contracts for the sale of a good will
212
The subject continued
215
Further application of the rule
220
Agreement not to buy or sell
221
Contract to maintain prices
223
Statutory regulations
224
CHAPTER V
227
Conspiracy defined 228 78 Conspiracy defined 79 The rule in England
231
Conspiracy by a corporation
235
Combination to monopolize a particular branch of busi ness
237
Combinations for regulating prices
242
142
243
Conspiracies under the federal antitrust act
246
Combination to prevent competition at a judicial sale
248
147
249
Combination to destroy competition
252
Conspiracy for severing the relation of a minister to his congregation
255
Indictment for conspiracy
256
Statutory regulations
259
CHAPTER VI
262
The corner defined
264
The nature of an option
267
Where contracts for future delivery are justifiable
277
Rights and liabilities of third parties 97 Statutory probibitions 274 277
280
TRADES UNIONS AND LABOR ORGANIZATIONS
286
The strike and the lockout
289
The strike as a conspiracy
291
The subject continued
295
151
297
Where a strike will be upheld
299
Where a lockout will be held lawful
305
Combination of employees 105 The boycott
312
The nature of the offense
314
Picketing
323
159
359
Limitation of exclusive privilege
364
Statutory regulations
366
The subject continued
371
How regarded in equity
375
Monopoly in street railways
376
Grant of exclusive gas privilege
381
Exclusive privilege for supplying water
386
The subject continued
390
Exclusive privilege of erecting a toll bridge or of estab lishing a ferry
392
CHAPTER IX
412
160
442
366
446
CHAPTER X
464
371
470
165
503
169
543
171
560
174
568
CONTRACTS RELATING TO PROFESSIONS AND TRADES
574
179
587
576
595
183
599
Ilinois act prohibiting pools trusts and combines
614
Indiana antitrust act
616
Iowa antipool and trust law
618
Kansas law prohibiting trusts
622
Kentucky law prohibiting pools trusts and conspiracies
626
tions in restraint of trade
628
Maine antitrust law
631
Michigan antitrust act
633
Minnesota law to probibit pools and trusts
635
Mississippi law probibiting trusts and combines
636
Missouri antitrust act
639
Montana statute against monopolies and trusts
646
Nebraska statute against trusts and conspiracies against trade and business
648
New Mexico law declaring trust combinations illegal
653
New York law to prevent monopolies
654
North Carolina law for the prohibition of trusts
657
North Dakota law declaring certain trusts and combina tions unlawful
659
Oklahoma law to prevent combinations in restraint of trade
660
South Carolina prohibition of trusts and combinations
662
South Dakota antitrust law
664
Tennessee law to prohibit conspiracies and trusts
666
Texas law for the suppression of trusts and the promo tion of true competition
670
Utab law prohibiting pools and trusts
674
Washington law forbidding trusts and monopolies
677
Wisconsin statute prohibiting trusts and combinations in restraint of trade
678
Introductory
680
The subject continued
684
Ground of proceedings against monopolies and indus trial combinations
688
What courts have jurisdiction
691
Who may file an information
697
Judgment under proceedings in quo warranto
705
Application of the rule to illegal combinations 225 Remedy by injunction
709
Contract for the sale of a physicians practice 59 The subject continued
713
Punishment for contempt
714
375
718
390
720
CHAPTER XVI
726
Arkansas antitrust
737
The rule as applied to attorneys 61 The rule as applied to dentists 62 Application of the rule to the profession of teaching 63 Restraint upon the servic...
742
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Сторінка 679 - No person shall be excused from attending and testifying or from producing documentary evidence before the commission or in obedience to the subpoena of the commission on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture.
Сторінка 602 - The several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this act ; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the attorney-general, to institute proceedings in equity to prevent and restrain such violations.
Сторінка 40 - 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.
Сторінка 144 - We do not see how a better test can be applied to the question whether reasonable or not, than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Сторінка 413 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use; but, so long as he maintains the use, he...
Сторінка 325 - It shall be lawful for one or more persons, acting on their own behalf or on behalf of a trade union or of an individual employer or firm in contemplation or furtherance of a trade dispute, to attend at or near a house or place where a person resides or works or carries on business or happens to be, if they so attend merely for the purpose of peacefully obtaining or communicating information, or of peacefully persuading any person to work or abstain from working.
Сторінка 713 - Any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this act may sue therefor in any Circuit Court of the United States in the district in which the defendant resides or is found, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the costs of suit, including a reasonable attorney's fee. Sec. 8. That the word "person
Сторінка 639 - ... the price or premium to be paid for insuring property against loss or damage by fire...
Сторінка 325 - Every person who, with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing, wrongfully and without legal authority — 1. Uses violence to or intimidates such other person or his wife or children, or injures his property; or 2.
Сторінка 272 - For no country ever takes notice of the revenue laws of another. " <The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy...

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