U.S. Supreme Court ATLANTIC CLEANERS & DYERS v. UNITED STATES, 286 U.S. 427 (1932)

[Page 286 U.S. 427, 437]

Buckelew v. Martens (N. J. Err. & App.) 156 A. 436; American Laundry Co. v. E. & W. Dry-Cleaning Co., 199 Ala. 154, 74 So. 58; Campbell v. Motion Picture M. Op. Union, 151 Minn. 220, 231, 232, 186 N. W. 781.

We think the word 'trade' was used in section 3 of the Sherman Anti- Trust Act in the general sense attributed to it by Justice Story, and, at least, is broad enough to include the acts of which the government complains.

Decree affirmed. Footnotes

Footnote 1 One of the earliest decisions under the common law is Diers Case, 2 Henry V, 5, pl. 26, which arose in the time of Henry V (1414). There a weaver had bound himself for a moderate consideration not to follow his craft within the town for a limited time. Before the expiration of the time, however, his necessities sent him back to the loom, and an action against him for damages was brought. The learned judge, in deciding the case, not only held the obligation to be void, but quite evidently considered it criminal as well. With some display of feeling he said: 'The obligation is void as being contrary to the common law and by G_____ if the plaintiff were here he should go to prison until he paid a fine to the King.' And even a century or two later, when the rule in respect of contracts in restrain of trade had become less strict, in Mitchell v. Reynolds, 1 Peere Williams 181, 193, Parker, C. J., referring to Diers Case, approved the indignation of the judge, 'tho' not his manner of expressing it.'