Palmer v. Stebbins
Massachusetts Supreme Judicial Court
This was an action of debt on a bond for 600 dollars, the condition of which, as set forth on oyer, was as follows : — “ The condition of the foregoing deed is this, that if the said Miner shall from this time cease to have any concern in the business of boating on Connecticut river, and shall give them all the freighting of his goods, wares and merchandise up and down Connecticut river, at the customary freight, and to be paid in goods at the usual price, and shall aid and…
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This was an action of debt on a bond for 600 dollars, the condition of which, as set forth on oyer, was as follows : — “ The condition of the foregoing deed is this, that if the said Miner shall from this time cease to have any concern in the business of boating on Connecticut river, and shall give them all the freighting of his goods, wares and merchandise up and down Connecticut river, at the customary freight, and to be paid in goods at the usual price, and shall aid and countenance them in their business, and shall not directly or indirectly promote any other boatman to compete with them…
1Opinion of the Court
Wilde J.
delivered the opinion of the Court. [After stating the facts.] So that the only question is, whether the breach is well assigned, and whether the condition, as to this part of it, is valid in law ; for it is admitted that if it is, it is not vitiated by any illegality in the other stipulations in the condition.
The question then is, whether any agreement which may be supposed to discourage competition in trade, is unlawful, and is such a restraint of trade as is inconsistent with public policy.
In the case of Mitchel v. Reynolds, 1 P. Wms. 161, Parker C. J. lays down the reasons why…
2Cases cited1 opinion
- Nichols v. RugglesU.S. Circuit Court for the District of Connecticut · 1808
3Cited by2 opinions
- Marsh USA Inc. v. CookTexas Supreme Court · 2011
- Marsh USA Inc. v. CookTexas Supreme Court · 2011