Legal Opinion

Shuman v. Gilbert

Massachusetts Supreme Judicial Court

Decided January 8, 1918PublishedCited by 30 opinions

Bill in equity, filed in the Superior Court on April 16, 1917, and afterwards amended, by the members of a business firm and five business corporations against the chief of police of the city of Northampton, to enjoin the defendant from unlawfully interfering with the plaintiffs’ business by arresting or prosecuting them for exhibiting and selling by sample for future delivery, goods, wares and merchandise in the city of Northampton without a license in alleged violation of…

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Bill in equity, filed in the Superior Court on April 16, 1917, and afterwards amended, by the members of a business firm and five business corporations against the chief of police of the city of Northampton, to enjoin the defendant from unlawfully interfering with the plaintiffs’ business by arresting or prosecuting them for exhibiting and selling by sample for future delivery, goods, wares and merchandise in the city of Northampton without a license in alleged violation of R. L. c. 65, § 13, as amended by St. 1916, c. 242, § 1. The defendant’s answer contained a demurrer as described in the…

1Opinion of the CourtRugg, C. J.

This is a suit in equity in which six plaintiffs join in alleging that they are merchants having permanent places of business, five of them in Boston and one in Springfield, and that occasionally at various times during the year they hire rooms in a hotel in Northampton and there display goods and merchandise as samples, making no sales from that stock but taking orders at retail for future delivery from their places of business in Boston or Springfield. The defendant is the chief of police of Northampton, who asserts that the plaintiffs have no right to conduct business in this manner…

2Cases cited38 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Truax v. RaichSupreme Court of the United States · 1915
  3. Philadelphia Co. v. StimsonSupreme Court of the United States · 1912
  4. In Re SawyerSupreme Court of the United States · 1888
  5. Dobbins v. Los AngelesSupreme Court of the United States · 1904

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3Cited by30 opinions

  1. General Outdoor Advertising Co. v. Department of Public WorksMassachusetts Supreme Judicial Court · 1935
  2. Kenyon v. City of ChicopeeMassachusetts Supreme Judicial Court · 1946
  3. Slome v. Chief of Police of FitchburgMassachusetts Supreme Judicial Court · 1939
  4. Morley v. Police CommissionerMassachusetts Supreme Judicial Court · 1927
  5. Liggett Drug Co. v. License CommissionersMassachusetts Supreme Judicial Court · 1936

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

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