Legal Opinion

Commonwealth v. Strauss

Massachusetts Supreme Judicial Court

Decided May 16, 1906PublishedCited by 54 opinions

Indictment, found and returned in the Superior Court for the county of Plymouth on June 6,1904, under R. L. c. 56, § 1, for selling plug tobaccos at Brockton and Bridgewater on January 1, 1904, making it a condition of each sale that the purchaser should not sell or deal in the plug tobaccos of any other person, firm, corporation or association of persons.

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Indictment, found and returned in the Superior Court for the county of Plymouth on June 6,1904, under R. L. c. 56, § 1, for selling plug tobaccos at Brockton and Bridgewater on January 1, 1904, making it a condition of each sale that the purchaser should not sell or deal in the plug tobaccos of any other person, firm, corporation or association of persons. At the first trial of the case in the Superior Court the jury returned a verdict of guilty, and exceptions alleged by the defendant were sustained by this court in a decision reported in 188 Mass. 229. There was a new trial of the case…

1Opinion of the CourtKnowlton, C. J.

This case has once before been considered by this court, upon a question which does not now arise. Commonwealth v. Strauss, 188 Mass. 229. The questions first to be considered at this time relate to the construction of R. L. c. 56, § 1, under which the defendant was indicted. The section is quoted at length in the case just cited. The prohibitive part is as follows: “ A person, firm, corporation or association of persons, doing business in this Commonwealth, shall not make it a condition of the sale of goods, wares or merchandise that the purchaser shall not sell or deal in the goods, wares…

2Cases cited39 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Jacobson v. MassachusettsSupreme Court of the United States · 1905
  3. Lochner v. New YorkSupreme Court of the United States · 1905
  4. Addyston Pipe & Steel Co. v. United StatesSupreme Court of the United States · 1899
  5. Allgeyer v. LouisianaSupreme Court of the United States · 1897

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3Cited by54 opinions

  1. Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1925
  2. Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
  3. O'Coin's, Inc. v. Treasurer of the County of WorcesterMassachusetts Supreme Judicial Court · 1972
  4. Lorando v. GethroMassachusetts Supreme Judicial Court · 1917
  5. Howes Bros. v. Unemployment Compensation CommissionMassachusetts Supreme Judicial Court · 1936

49 more not listed; retrieve them via the Exa API.

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