American Railroad and Corporation Reports: Being a Collection of the Current Decisions of the Courts of Last Resort in the United States Pertaining to Railroad and Corporation Law, Volume 10John Lewis E.B. Myers, 1895 |
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Page 79
... contract which was annulled by the contract in suit . By the contract in suit Crane sold and conveyed to the company all his machinery , tools , draw cases and other property used in or con- nected with his business of manufacturing for ...
... contract which was annulled by the contract in suit . By the contract in suit Crane sold and conveyed to the company all his machinery , tools , draw cases and other property used in or con- nected with his business of manufacturing for ...
Page 80
... contract , was also to be paid for at the " cost price , to be fixed by appraisal . " Crane also agreed to let his factory to the company at a reasonable rent if the company desired to hire it . The company actually paid Crane about ...
... contract , was also to be paid for at the " cost price , to be fixed by appraisal . " Crane also agreed to let his factory to the company at a reasonable rent if the company desired to hire it . The company actually paid Crane about ...
Page 92
... contract to be against public policy , must necessarily have done so upon the broad ground that it had a tendency to be injurious to the public welfare . Underlying any such and every such decision were the gen- eral principles that ...
... contract to be against public policy , must necessarily have done so upon the broad ground that it had a tendency to be injurious to the public welfare . Underlying any such and every such decision were the gen- eral principles that ...
Page 93
... Contracts in con- sideration of future illicit cohabitation , even though the cohabitation would not be a crime , or in aid of prostitution , Trowinger v . McBurney , 5 Cow . 253 ; Greenhood Pub . Pol . 201 ; contracts tending to ...
... Contracts in con- sideration of future illicit cohabitation , even though the cohabitation would not be a crime , or in aid of prostitution , Trowinger v . McBurney , 5 Cow . 253 ; Greenhood Pub . Pol . 201 ; contracts tending to ...
Page 96
... contract was sustained and upon the general subject of state and national policy the court says : " The subject - matter of the contract may be such that it affects the country at large , or it may be local in its nature . The nature of ...
... contract was sustained and upon the general subject of state and national policy the court says : " The subject - matter of the contract may be such that it affects the country at large , or it may be local in its nature . The nature of ...
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Common terms and phrases
abutting action agreement alleged appear appellant appellee authority benefit carrier cars charges Chicago combination common carrier congress Constitution construction contract contributory negligence corporation court of equity covenant damages declared defendant defendant's Diamond Match Co Diamond Match Company duty employees enforce engaged evidence fact freight held highway illegal Illinois imposed injunction injury interest interstate commerce judgment jury land legislature liable Lumber manufacture ment monopoly N. E. Rep negligence obstruction Ohio operation opinion owner pany parties passenger Penn Pennsylvania person plaintiff plaintiff in error protection public policy purchase purpose question R. R. & Corp Railroad Co railroad company rates reasonable receivers regulate restraint of trade road rule sell statute stockholders street supra Supreme Court sustained thereof ticket tion track train transportation United unlawful valid violation void W. R. Co
Popular passages
Page 483 - Gibbons v. Ogden, 9 Wheat. 1, 196, 6 L. ed. 23, 70, where he said: "We are now arrived at the inquiry, What is this power? It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution.
Page 475 - ... produce books and papers if so ordered) and give evidence touching the matter in question ; and any failure to obey such order of the court may be punished by such court as a contempt thereof.
Page 775 - The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.
Page 474 - ... keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created...
Page 756 - The several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this act; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney-General, to institute proceedings in equity to prevent and restrain such violations.
Page 483 - If, as has always been understood, the sovereignty of congress, though limited to specified objects, is plenary as to those objects, the power over commerce with foreign nations and among the several . states is vested in congress as absolutely as it would be in a single government having in its Constitution the same restrictions on the exercise of the power as are found in the Constitution of the United States.
Page 472 - That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
Page 96 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by Courts of justice.
Page 475 - Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing.
Page 766 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.