Legal Opinion

Montague & Co. v. Lowry

Supreme Court of the United States

Decided February 23, 1904No. 46PublishedCited by 171 opinions

ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. This action was brought under section 7 of the act of July 2, 1§90, 26 Stat. 209 ; 3 Comp. Stat. 3202, commonly called the Anti-Trust Act.

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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. This action was brought under section 7 of the act of July 2, 1§90, 26 Stat. 209 ; 3 Comp. Stat. 3202, commonly called the Anti-Trust Act. The section reads as follows-; “ Sec. 7. Any person who shall be injured in his business or property by any other person .or corporation by reason of anything forbidden or declared to be unlawful by this act, may sue therefor in any Circuit Court of the United States in the district in which the defendant resides or is found, without respect to the amount in controversy, and shall ¿recover…

1Opinion of the CourtJustice Peokham

The question raised by the plaintiffs in error in this case is, whether this association, described in the foregoing statement of facts, • constituted or amounted, to an agreement or combination in restraint of trade withii^ the meaning of the so-called Anti-Trust Act of July 2, 1890 ?

The result of the agreement when carried out was to prevent the dealer in tiles in, San Francisco, who was not a member of the association, from purchasing or procuring the same upon any terms from any of the manufacturers who were such members, and all of those manufacturers who had been accustomed to sell to…

2Cases cited4 opinions

  1. Addyston Pipe & Steel Co. v. United StatesSupreme Court of the United States · 1899
  2. United States v. E. C. Knight Co.Supreme Court of the United States · 1895
  3. Hopkins v. United StatesSupreme Court of the United States · 1898
  4. Anderson v. United StatesSupreme Court of the United States · 1898

3Cited by171 opinions

  1. United States v. Socony-Vacuum Oil Co.Supreme Court of the United States · 1940
  2. Goldfarb v. Virginia State BarSupreme Court of the United States · 1975
  3. Continental Ore Co. v. Union Carbide & Carbon Corp.Supreme Court of the United States · 1962
  4. Swift & Co. v. United StatesSupreme Court of the United States · 1905
  5. National Collegiate Athletic Ass'n v. Board of Regents of the University of OklahomaSupreme Court of the United States · 1984

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