Tumlin Bros. v. Daniel Bros.
Supreme Court of Georgia
Petition for injunction. Before Judge Pendleton. .Fulton superior court. December 19, 1913. Daniel Brothers Company, a corporation, was engaged, in the business of men’s furnishings, clothes, shoes, hats, etc., in the retail district of the City of Atlanta.
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Petition for injunction. Before Judge Pendleton. .Fulton superior court. December 19, 1913. Daniel Brothers Company, a corporation, was engaged, in the business of men’s furnishings, clothes, shoes, hats, etc., in the retail district of the City of Atlanta. In order to extend its business and attract trade, it began recently to issue 'a system of coupons, certificates, and bonds to customers who paid cash for purchases, such coupons and certificates being issued .in a fixed and certain proportion to the amount of cash paid on a purchase. The certificates were redeemable in various articles or…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.) Many, if not all, of the courts which have had under consideration the trading-stamp business have held not only that' the business is legitimate, but that the right to engage in it without undue interference from States and municipalities is guaranteed by the constitution of the United States, to the same extent, and subject only to the same restrictions, that can be placed around a person engaged in any lawful business not within the range of the police power. Hewin v. City of Atlanta, 121 Ga. 723, 728 (49 S. E. 765, 67 L. R. A. 795, 2 Ann. Gas. 296),…
2Cases cited15 opinions
- People v. . GillsonNew York Court of Appeals · 1888
- Ex Parte DrexelCalifornia Supreme Court · 1905
- Young v. CommonwealthSupreme Court of Virginia · 1903
- Hewin v. City of AtlantaSupreme Court of Georgia · 1905
- Winston v. Beeson.Supreme Court of North Carolina · 1904
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3Cited by2 opinions
- Commercial Security Co. v. LeeSupreme Court of Georgia · 1918
- Guy v. National City BankCourt of Appeals of Georgia · 1919