Lamar v. United States
Court of Appeals for the Second Circuit
In Error to the District Court of the United Slates for the Southern District of New York. Criminal prosecution by the United States against David Damar, Henry B. Martin, and others. Judgment of conviction, and defendants Damar and Martin bring error. The plaintiffs in error, together with one Rinlelen, and with also Monett, Buchanan, Taylor, Schultheis, and Fowler, were indicted under the Sherman Act (Act July 2, 1890, c. 647, 26 Stat. 209 [Comp.
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In Error to the District Court of the United Slates for the Southern District of New York. Criminal prosecution by the United States against David Damar, Henry B. Martin, and others. Judgment of conviction, and defendants Damar and Martin bring error. The plaintiffs in error, together with one Rinlelen, and with also Monett, Buchanan, Taylor, Schultheis, and Fowler, were indicted under the Sherman Act (Act July 2, 1890, c. 647, 26 Stat. 209 [Comp. St. §§ 8820-8823, 8827-8830]), in December, 1915, for a conspiracy “to restrain foreign trade and commerce,” and to “restrain, hinder, and. prevent…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). The •indictment (in a form long used, and approved, among other cases, in Nash v. United States, 229 U. S. 373, 33 Sup. Ct. 780, 57 L. Ed. 1232), sets forth that there are many persons in the United States engaged in the manufacture, sale, and export of what are generally known as “military and naval stores” and “munitions of war,” that such Occupation or business is lawful, and that defendants conspired to stop the business; i. e., stop manufacture, transportation, and distribution, by certain proposed “means and methods,” which may be summarized as…
2Cases cited1 opinion
- Nash v. United StatesSupreme Court of the United States · 1913
3Cited by2 opinions
- Ex parte LamarCourt of Appeals for the Second Circuit · 1921
- McCann v. New York Stock ExchangeCourt of Appeals for the Second Circuit · 1939