Legal Opinion

Nash v. Page

Court of Appeals of Kentucky

Decided December 14, 1882PublishedCited by 23 opinions

Case 100 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The selling of tobacco at auction at tobacco warehouses is a business-affecting the public interests, and appellees, in carrying it on, are-under duties and obligations, by common law and by statute, to carry it on in a way that is reasonable a.nd beneficial to the tobacco trade, and therefore they cannot discriminate or exclude buyers or-sellers, except on reasonable grounds. (1 Bl.

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Case 100 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The selling of tobacco at auction at tobacco warehouses is a business-affecting the public interests, and appellees, in carrying it on, are-under duties and obligations, by common law and by statute, to carry it on in a way that is reasonable a.nd beneficial to the tobacco trade, and therefore they cannot discriminate or exclude buyers or-sellers, except on reasonable grounds. (1 Bl. Com., 138; 37 .Iowa-145; 10 Met., Mass., 475; 12 Pick., 477; 12 Cushing, 477; 1 Daly, 547; 62 Maine, 214; 6 Wis., 546; 12 East., 527; 69 111., 91; 4…

1Opinion of the Court

JUDGE PRYOR

delivered ti-ie opinion op the court.

This is a controversy between the proprietors of ten of the tobacco warehouses in the city of Louisville and the appellants (twenty-seven in number), who are large dealers in tobacco, and licensed by the United States and the city ■government, with authority to purchase and sell leaf and manufactured tobacco. .

It seems that these appellants were denied the right to make purchases of tobacco at the warehouses of which the *541defendants are the proprietors, and they applied to the-chancellor for an injunction, asking that these warehouse-men be…

2Cited by23 opinions

  1. Townsend v. YeomansSupreme Court of the United States · 1937
  2. People v. . BuddNew York Court of Appeals · 1889
  3. Louisville Tobacco Warehouse Co. v. CommonwealthCourt of Appeals of Kentucky · 1899
  4. Ratcliff v. Wichita Union Stock-yards Co.Supreme Court of Kansas · 1906
  5. Kentucky Wagon Manufacturing Co. v. Ohio & Mississippi Railway Co.Court of Appeals of Kentucky · 1895

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