Perkins v. Lyman
Massachusetts Supreme Judicial Court
The declaration in this case was in debt, for that, as the plaintiffs aver, on the 8th of June, 1807, there was, and for many years before that time there had been, a trade and traffic carried on, by merchants dwelling in Boston and elsewhere, to the north-west coast of America, with the natives there, who are uncivilized or savage tribes, to buy sea-otter, land-otter, and beaver skins, and to carry them to China, to merchandise and make profit of; that the said trade is…
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The declaration in this case was in debt, for that, as the plaintiffs aver, on the 8th of June, 1807, there was, and for many years before that time there had been, a trade and traffic carried on, by merchants dwelling in Boston and elsewhere, to the north-west coast of America, with the natives there, who are uncivilized or savage tribes, to buy sea-otter, land-otter, and beaver skins, and to carry them to China, to merchandise and make profit of; that the said trade is limited- as to the number of such skins, which amount, on an average, to nine thousand skins annually, and which are…
1Opinion of the Court
By the Court.
In this case, the defendant has contended that he is not restrained by his contract from owning and fitting vessels for voyages to the north-west coast, so that he divests himself of his interest therein before the actual departure of the vessels on their voyages. But we cannot yield to this construction. This is a branch of commerce very limited in its nature. A few ships only can be employed in it with any prospect of gain ; and the true construction of the defendant’s agreement is — I will not be in any *463way concerned in this trade for seven years from this time. The fact of…
2Cases cited1 opinion
- Perkins v. LymanMassachusetts Supreme Judicial Court · 1814
3Cited by19 opinions
- United States v. Trans-Missouri Freight Ass'nCourt of Appeals for the Eighth Circuit · 1893
- Anchor Electric Co. v. HawkesMassachusetts Supreme Judicial Court · 1898
- Chappel v. BrockwayNew York Supreme Court · 1839
- Western Union Telegraph Co. v. Burlington & Southwestern Ry. Co.United States District Court · 1882
- Wright v. RyderCalifornia Supreme Court · 1868
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