Cases on Restraint of Trade, Part 1

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Harvard Law Review Publishing Association, 1902 - Restraint of trade
 

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Page 18 - King's subjects passing that way; because it doth in consequence tend to a common charge, and is become a thing of public interest and use, and every man for his passage pays a toll, which is a common charge...
Page 15 - The constitution of the United States declares that no state shall pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts.
Page 86 - That an action will lie for written or oral falsehoods, not actionable per se nor even defamatory, where they are maliciously published, where they are calculated in the ordinary course of things to produce, and where they do produce, actual damage, is established law.
Page 71 - The result, then, of the American, the English and the French doctrine universally upheld is this, that where, during the life of a monopoly created by a patent, a name, whether it be arbitrary or be that of the inventor, has become, by his couseut, either express or tacit, the identifying and generic name of the thing patented, this name passes to the public with the cessation of the monopoly which the patent created.
Page 84 - ... the law considers such publication as malicious, unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 53 - a person who contracts with another to do certain work for him is the servant of that other till the work is finished, and no other person can employ such servant to the prejudice of the first master ; the very act of giving him employment is affording him the means of keeping him out of his former service.
Page 33 - Circuit Judges. THAYER, Circuit Judge, after stating the case as above, delivered the opinion of the court. The...
Page 49 - Thus in an action on the case for inducing the plaintiff's wife to continue absent, it is sufficient to state that the defendant " unlawfully and unjustly persuaded, procured, and enticed the wife to continue absent," by means of which persuasion she did continue absent, &c.
Page 16 - The objects for which a corporation is created are universally such as the government wishes to promote. They are deemed beneficial to the country ; and this benefit constitutes the consideration, and, in most cases, the sole consideration, of the grant.
Page 26 - Co.' — has ever been maintained in the courts of justice is very strong indeed to show that it is not maintainable. It is, indeed, unnecessary to decide the point in order to dispose of the present appeal! For the reasons which I have given I have come to the conclusion that the judgment of the court below cannot be sustained, even...

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