American Banana Co. v. United Fruit Co.
U.S. Circuit Court for the District of Southern New York
At I,aw. This cause, brought under section 7 of the Sherman Act (Act July 2, 1890, c. 647, 26 Stat. 210 [U. S. Comp. St. 1901, p. 3202]), having been called and a jury impaneled, defendant moved to dismiss on the pleadings.
1Opinion of the Court
HOUGH, District Judge.
For the purposes of this motion it will be assumed that the allegations of the complaint show the following-facts to be either well pleaded or capable of judicial cognizance: In June, 1904, there'existed in the United States a combination in restraint of trade or commerce in bananas with foreign nations, and defendant was an active party in and to such combination. At the same time defendant was either monopolizing or attempting to monopolize trade or commerce in bananas with foreign nations. By these assumptions it is not intended to intimate any opinion as to the…
2Cases cited6 opinions
- Underhill v. HernandezSupreme Court of the United States · 1897
- The Paquete HabanaSupreme Court of the United States · 1899
- Jones v. United StatesSupreme Court of the United States · 1890
- Underhill v. HernandezCourt of Appeals for the Second Circuit · 1895
- Dudley v. BriggsMassachusetts Supreme Judicial Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Steele v. Bulova Watch Co.Supreme Court of the United States · 1952
- Occidental Petroleum Corp. v. Buttes Gas & Oil Co.District Court, C.D. California · 1971
- Hunt v. Mobil Oil CorporationDistrict Court, S.D. New York · 1975
- Hewitt v. SpeyerCourt of Appeals for the Second Circuit · 1918
- Image and Sound Service Corp. v. Altec Service Corp.District Court, D. Massachusetts · 1956
4 more not listed; retrieve them via the Exa API.