Godin v. Niebuhr
Massachusetts Supreme Judicial Court
Tort, with a declaration containing a third count based upon an unlawful interference with the plaintiff’s business as the proprietor of a barber shop. Writ dated November 16, 1915. In the Superior Court the action was tried before Irwin, J. The material evidence on the question of liability is described in the opinion.
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Tort, with a declaration containing a third count based upon an unlawful interference with the plaintiff’s business as the proprietor of a barber shop. Writ dated November 16, 1915. In the Superior Court the action was tried before Irwin, J. The material evidence on the question of liability is described in the opinion. It was stated in the report by the trial judge that the plaintiff testified in direct examination, on the question of damages, “That because of the distribution of the cards customers were kept away. That distribution of the cards hurt his business. That people remained or…
1Opinion of the CourtDe Courcy, J.
The right to conduct a lawful business is a property right, protected by the common law and guaranteed by the organic law of the State. See L. D. Willcutt & Sons Co. v. Driscoll, 200 Mass. 110, 117. One who interferes with another’s business, for the purpose of compelling present or prospective customers to withhold their patronage, is responsible for the harmful consequences, unless he shows a legal justification for such interference. And to constitute such justification, it must appear not only that the interference was in pursuance of a lawful purpose, like trade competition, but that it…
2Cases cited5 opinions
- Burnham v. DowdMassachusetts Supreme Judicial Court · 1914
- M. Steinert & Sons Co. v. TagenMassachusetts Supreme Judicial Court · 1911
- L. D. Willcutt & Sons Co. v. DriscollMassachusetts Supreme Judicial Court · 1908
- Harvey v. ChapmanMassachusetts Supreme Judicial Court · 1917
- Martineau v. FoleyMassachusetts Supreme Judicial Court · 1918
3Cited by28 opinions
- Owen v. WilliamsMassachusetts Supreme Judicial Court · 1948
- Meadowmoor Dairies, Inc. v. Milk Wagon Drivers' Union of Chicago No. 753Illinois Supreme Court · 1939
- National Merchandising Corp. v. LeydenMassachusetts Supreme Judicial Court · 1976
- Chemawa Country Golf, Inc. v. WnukMassachusetts Appeals Court · 1980
- James H. Thompson, Jr., Individually and D/B/A Rusty Thompson Mid Town Auto Service v. Allstate Insurance CompanyCourt of Appeals for the Fifth Circuit · 1973
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