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

Cover
Central Law Journal Company, 1898 - 760 Seiten
 

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Inhalt

An historical review
17
Sustained by popular sentiment
27
The American doctrine
28
The adverse contention
31
Labor organizations
34
Popular sentiment and public policy
35
PUBLIC POLICY AS RELATED TO TRADE AND INDUSTRIAL TRUSTS Page 37 47 14 Introductory 15 Public policy defined 16 The effect of a...
37
Services in influencing legislation
54
The ground of the rule
58
19
61
Services in influencing public officials
64
For services in procuring appointments to public offices
68
The subject continued
71
For withdrawal of opposing candidates
72
For services in procuring a pardon
75
For services which are in violation of public duty
77
For services in opposing a public enterprise
80
Stipulations against liability
85
The rule in New York 31
91
Modification of the common law doctrine
92
Contracts in contravention of law
93
The creation of a corner in stocks
94
For influencing the administration of justice
95
Rights and liabilities of third parties
96
Statutory probibitions
97
For changing the officers of corporations
99
For renouncing an executorship
101
Page
102
For assignment of salary not yet due
104
CHAPTER II
107
269
108
The general rule
110
The rule in England
115
Partial distinguished from general restraint
116
Question of consideration
121
Limitations of time
123
The subject continued
126
Touching territorial limitations
128
272
130
The subject continued
131
404
132
Territorial limits determined
139
Validity of contracts in restraint of trade as affected by their reasonableness
142
Divisibility of illegal contracts
147
274
149
The subject continued
151
Limitations in conveyances
153
The subject continued
157
The grantee restrained by tbe terms of the conveyance
159
Contracts relating to trade secrets
160
Restraint of trade by patents
165
Wbere contracts relating to patents are not upheld
169
Restraint in the sale of a trademark
171
Restraint in publication contract
174
CHAPTER III
179
Contract for the sale of a physicians practice
183
The subject continued
185
The rule as applied to attorneys
187
The rule as applied to dentists
190
Application of the rule to the profession of teaching
193
Restraint upon the services of artists and actors
194
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 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
80
227
The rule in England
231
Conspiracy by a corporation
235
280
258
Statutory regulations
259
CHAPTER VI
262
The corner defined
264
The nature of an option
267
TRADES UNIONS AND LABOR ORGANIZATIONS
286
The strike and the lockout
289
The strike as a conspiracy
291
The subject continued
295
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
Blacklisting
327
Obligation of carriers as affected by strikes
331
The strike as a violation of the federal antitrust act 111 The relation of trades unions to a receiver
338
Interference with transportation of the mails 113 Contracts between employers and trades unions
344
Remedy by civil action
348
Remedy by injunction
352
Statutory regulations
356
314
377
322
383
327
392
THE POWER TO REGULATE PRIVATE CORPORATIONS
412
331
421
334
423
338
476
348
527
517
539
CHAPTER X
543
352
546
CHAPTER VIII
599
Illinois 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
Louisiana law for the probibition of trusts and combina 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 636 200 Mississippi law probibiting trusts and combines 201 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
restraint of trade
678
Introductory 118 Limitation of exclusive privilege 119 Statutory regulations 120 The subject continued 121 How regarded in equity 122 Monopoly ...
680
Exclusive privilege of erecting a toll bridge or of estab lishing a ferry Page
683
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
Pleadings and averments
701
364
703
Judgment under proceedings in quo warranto
705
Application of the rule to illegal combinations
708
Remedy by injunction
709
The subject continued
713
Punishment for contempt
714
371
715
375
718
386
720
CHAPTER XVI
726
Arkansas antitrust
737
Urheberrecht

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Beliebte Passagen

Seite 416 - 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.
Seite 727 - We do not say that there may not be other matters to be regarded in estimating the value of the property. What the company is entitled to ask is a fair return upon the value of that which it employs for the public convenience.
Seite 604 - 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.
Seite 42 - 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.
Seite 146 - 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.
Seite 327 - 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.
Seite 715 - 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
Seite 681 - 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.
Seite 274 - 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...
Seite 727 - ... the original cost of construction, the amount expended in permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute, and the sum required to meet operating expenses, are all matters for consideration and are to be given such weight as may be just and right in each case.

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