Legal Opinion · Concurrence

California State Life Ins. Co. v. Kring

Court of Appeals of Texas

Decided October 30, 1918No. 1367Published

Appeal from Potter County Court; T. W. McBride, Judge. Suit by the California State Life Insurance Company against J. D. Kring. From judgment dismissing the cause, plaintiff -appeals.

1ConcurrenceBoyce, J.

[3-5] The statute under consideration makes illegal the purchase of the property of one corporation by another only when the acquisition is “for the purpose of preventing or lessening or where the effect of such acquisition tends to affect or lessen competition.” The first question, then, Is 'whether the allegations of plaintiff’s petition show that such was the purpose or effect of the transaction set out therein. The presumption of innocence would apply, and, unless the facts stated clearly show that the transaction was unlawful, it will he presumed that the contract did not violate the…

2Cases cited16 opinions

  1. Northern Securities Co. v. United StatesSupreme Court of the United States · 1904
  2. Planters' Bank v. Union BankSupreme Court of the United States · 1873
  3. Harriman v. Northern Securities Co.Supreme Court of the United States · 1905
  4. Yates v. HoustonTexas Supreme Court · 1848
  5. Wegner Bros. v. E. J. Biering & Co.Texas Supreme Court · 1886

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