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Contractual Limitations: Including Trade Strikes and Conspiracies and ...
Charles Andrew Ray
Ingen forhåndsvisning tilgjengelig - 2015
action actual agree agreement amount association authority Bank carry Cent chap charge coal combination common law competition condition Conn consideration conspiracy Constitution contract corporation cotton court criminal defendant delivered delivery duty effect employ employés enforced engaged enter evidence execution existence fact future give given granted held illegal indictable individual induce injury intent interest Iowa labor limit manufacture Mass means ment monopoly object offense Ohio paid parties person plaintiff prevent produce promise protection public policy punishable purchase question railroad reason received restraint result rule secure sell Smith statute sufficient threat tion trade transaction trust Union United unlawful valid violation void Wall West York
Side 215 - Sec. 4. 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.
Side 216 - 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 three-fold the damages by him sustained, and the costs of suit, including a reasonable attorney's fee. Sec. 8. That the word "person,
Side 216 - person," or "persons," wherever used in this act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.
Side 68 - That every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself doth not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty implies a prohibition, though there are no prohibitory words in the statute...
Side 214 - Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor...
Side 274 - ... in an action brought by the attorney general in the name of the people of the State of California, upon his own information.
Side 285 - It is perhaps correct .to say that public policy is that principle of law which holds that no person can lawfully do that which has a tendency to be injurious to the public or against the public good...
Side 350 - An agreement or combination by two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute between employers and workmen (or workmen and workmen) shall not be indictable as a conspiracy if such act committed by one person would not be punishable as a crime.
Side 353 - No agreement, except to commit a felony upon the person of another, or to commit arson, or burglary, amounts to a conspiracy, unless some act, beside such agreement, be done to effect the object thereof, by one or more of the parties to such agreement.