Excerpt from Cases on Restraint of Trade, Vol. 2 Hull. In my opinion you might have demurred upon him, that the obligation 18 void, for that the obligation is against the common law, and by God, if the plaintiff were here, he should go to prison until he paid a fine to the king. Strange. We aver that the defendant has used his art for atime, to wit vii days, within the time limited by the condition, and the others to the contrary. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from Cases on Contracts and Combinations in Restraint of Trade, Vol. 2 of 2: Selected From the Decisions of English and American Courts The state, by its attorney general, commenced this action to oust the defendant of the right to be a corporation, on the ground that it has abused its corporate franchises, by becoming a party to an agreement that is against public policy. The questions are presented by the pleadings, - the amended peti tion, the answer thereto, and the demurrer of the state to the answer, - and are as follows. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from Cases on Contracts and Combinations in Restraint of Trade, Selected From the Decisions of English and American Courts, Vol. 1 of 2 Counsel for the plaintiff below, arguendo, seems to admit that the bond on which that action was brought could not be put in force for a breach after the death of the obligee: but the breach was assigned on another part of the condition, and held good. In the present case, the agreement, not being under seal, and not being divisible, if bad in part, is bad altogether. In the absence of any authority establishing the validity of an agree ment thus indefinite in point of time, and trying the reason ableness of it by the test above alluded to, we think that the restraint is larger than the necessary protection of the party in favour of whom it is given requires, and that it is therefore oppressive and unreasonable. The consideration for this agree ment appears to have been triļ¬ing; but, even if it had been much more valuable, the same result would have followed. The judgment must be arrested. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from Monopoly and Trade Restraint Cases, Vol. 2: Including Conspiracy, Injunction, Quo Warranto, Pleading and Practice and Evidence Whereupon the Monongahela River Consolidated Coal Coke Company brought a bill in equity for an injune tion to restrain Jutte from carrying on the business of mining and shipping coal contrary to his agreement. In affirming a decree granting the relief prayed, it was held that. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from Cases on Restraint of Trade III: A Selection of Cases From Cases on Partnership; And From Cases on Private Corporations Case heard before Marshall, J. R. S. Nelson, for plaintiff in error. R. F. Wingate, for defendant in error. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from Cases on Restraint of Trade, Vol. 4: In Part a Selection From Cases on Private Corporations But the petitioners say, first, that the Whittenton Mills could not enter into any legal partnership; secondly, that if it were so capable, it could not form a Copartnership for the prosecution of a business for eiga to the purpose for which alone it was created thirdly, that if such legal partnership existed, the petitioners were not liable to be declared insolvent upon the petition of Mason and under the St. Of 1838; c. 163, and the acts in addition thereto; such acts respecting only natural per sons and making no provision for bodies corporate. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Excerpt from Cases on Restraint of Trade, Vol. 1 Dickman, J. The demand made by the Telegraph Association is, not that the Railway Company shall so modify its existing elec trical apparatus as not to interfere with the telephone service, but shall forever abandon the use of an essential part of its electro-motive system, or be perpetually enjoined. In other words, the Association claims the exclusive use of the grounded circuit, inasmuch as the mechanism of the telephone is SO complex, and the electric currents employed so delicate and sensitive, that they cannot be used without disturbance from the heavier currents employed by neighboring elec trical enterprises that Operate with the grounded circuit. We find no foundation for such an exclusive franchise or right. When the Tele graph Association began its operation under the telephone system, neither the statute authorizing it to erect and maintain poles, wires, and other necessary fixtures, nor the ordinance under which it ob tained the power to extend its lines in the streets, gave an exclusive right either to use the earth for a return circuit, or a complete metallic circuit formed by double wires. The legislature did not grant the right by general enactment, nor was the municipal corporation em powered by the legislature to give the Telegraph Association the exclusive right to make use of its streets so as to create a monopoly. In State v. Cincinnati Gas Light and Coke Co., 18 Ohio St. 262, it was held that a municipal corporation cannot, without clear legislative authority, grant an exclusive right to the use of the streets for certain purposes to an individual or corporation. To enable it to grant such an exclusive right by ordinance in the nature of a contract, the power must be Shown to have been expressly granted, or to be so far neces sary to the proper execution of the powers which are expressly granted as to make its existence free from doubt. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from Contracts in Restraint of Trade Since the publication of the last edition of this short treatise the application of the restraint of trade doctrine as between employer and employed has been modified in no small degree by the trend of modern decisions. The days of Shylock and his bond are over, and the quality of mercy is now strained in favour of the employe. This branch of the law relating to restraints contained in service agreements has recently been the subject of an important decision of the House of Lords in Mason's Case. But there is another and even more interesting aspect of the doctrine which within the last year has been considered both by the House of Lords and by the Privy Council. Since this work first saw the light - nearly twenty years ago - powerful amalgamations and associations of manufacturers have grown up in almost all the large industries, and the doctrine of restraint of trade has become of paramount importance with reference to combinations of this character. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
