National Fireproofing Co. v. Mason Builders' Ass'n
Court of Appeals for the Second Circuit
Appeal^ from the Circuit Court of the United States for the Southern District of New York. This is an appeal from a decree of the Circuit Court for the Southern District of New York dismissing a bili of complaint in a suit in equity. The complainant is a corporation under the laws of the state of Pensylvania and is authorized by its charter to manufacture and install fireproofing.
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Appeal^ from the Circuit Court of the United States for the Southern District of New York. This is an appeal from a decree of the Circuit Court for the Southern District of New York dismissing a bili of complaint in a suit in equity. The complainant is a corporation under the laws of the state of Pensylvania and is authorized by its charter to manufacture and install fireproofing. Since its organization it has been engaged almost exclusively in the manufacture' and installation of what is known as hollow tile fireproofing and produces over 50 per cent, of the entire output of that article in…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). In considering the legal questions arising in this case, it must be borne in mind at the outset that it is not sufficient to show that the agreement in question may create a monopoly, may be in restraint of trade, or may be opposed to public policy. Agreements of tha.t. nature are invalid and unenforceable. The law takes them a.s it finds them, and as it finds them leaves them; but they are not illegal in the sense of giving a right of action to third persons for injury sustained. Brown v. Jacobs’ Pharmacy Co., 116 Ga. 433; 41 S. E. 563, 57 L. R. A. 547, 90…
2Cases cited17 opinions
- Bement v. National Harrow Co.Supreme Court of the United States · 1902
- Vegelahn v. GuntnerMassachusetts Supreme Judicial Court · 1896
- National Protective Ass'n of Steam Fitters & Helpers v. CummingNew York Court of Appeals · 1902
- Curran v. . GalenNew York Court of Appeals · 1897
- John D. Park & Sons Co. v. National Wholesale Druggists' Ass'nNew York Court of Appeals · 1903
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3Cited by40 opinions
- Rettinger ex rel. Standard Oil Co. v. PierpontNebraska Supreme Court · 1944
- Neff v. World Publishing Co.Court of Appeals for the Eighth Circuit · 1965
- Ramsey v. United Mine Workers of AmericaDistrict Court, E.D. Tennessee · 1967
- Saracco Tank & Welding Co. v. PlatzCalifornia Court of Appeal · 1944
- Rogers v. PoteetSupreme Court of Missouri · 1947
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