George Sutherland

Name: Moore v. New York Cotton Exchange — Opinion of the Court
Author: George Sutherland

Summary

“Moore v. New York Cotton Exchange — Opinion of the Court”, is a work by George Sutherland. It explores elements such as counterclaim, New York and the Stock Exchange.

Quotes from Moore v. New York Cotton Exchange… (George Sutherland)

George Sutherland, Moore v. New York Cotton Exchange…

“ Here facts are set forth in a serious attempt to justify the claim that the federal statute has been violated, and, while we hold them to be insufficient to sustain the claim, we are not prepared to say that they are so obviously insufficient as to cause it to be without color of merit and in effect no claim at all. We think there is enough in the bill to call for the exercise of the jurisdiction of a federal court to decide, upon the merits, the issue of the issue of the legal sufficiency of the allegations to make out the claim of federal right. ”

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Source: Wikisource

George Sutherland, Moore v. New York Cotton Exchange…

“ It is equally clear that the contract with the Western Union for the distribution of the quotations to such persons as the New York exchange shall approve does not fall within the reach of the Anti-Trust Act. Under that contract, the exchange at its own expense collects the quotations and delivers them to the telegraph company for distribution to such approved persons. The real distributor is the exchange; the telegraph company is an agency through which the distribution is made. ”

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Source: Wikisource

George Sutherland, Moore v. New York Cotton Exchange…

“ There is an attempt to allege unfair methods of competition, which may be put aside at once, since relief in such cases under the Trade Commission Act (Comp. St. §§ 8836a-8836k) must be afforded in the first instance by the commission.
The prayer is for a decree canceling the Western Union contract, adjudging the New York Cotton Exchange to be a monopoly, restraining appellees from refusing to install a ticker and furnish the Odd-Lot and its members, as they do others, with continuous cotton quotations, and for other relief. ”

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Source: Wikisource

George Sutherland, Moore v. New York Cotton Exchange…

“ The decree granting an injunction upon the counterclaim is challenged on the grounds, shortly stated: (1) That the court, having dismissed the bill for lack of jurisdictional facts, should have dismissed the counter claim also, there being no independent basis of jurisdiction; (2) that the counterclaim does not arise out of any transaction which is the subject-matter of the suit; and (3) that the decree is not justified by the allegations of the counterclaim or the proof. ”

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Source: Wikisource

George Sutherland, Moore v. New York Cotton Exchange…

“ It has long been settled by this court that under such circumstances a trader or manufacturer engaged in a purely private business may freely exercise his independent discretion in respect of the persons with whom he will deal and to whom he will sell and refuse to sell. ”

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Source: Wikisource

George Sutherland, Moore v. New York Cotton Exchange…

“ Federal jurisdiction is invoked under the anti-trust laws of the United States. The bill avers that the contracts between members of the Odd-Lot are chiefly for producers of cotton and others located, resident and in business in other states than New York, and are made and effectuated by communications through the Western Union by wire; that such contracts concern and include deliveries of cotton from cotton-growing states to and into the state of New York, involving actual interstate shipment and transportation ”

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Source: Wikisource

George Sutherland, Moore v. New York Cotton Exchange…

“ It is argued that the true purpose is to exclude all persons who do not deal through members of the Board of Trade. Whether there is anything in the law to hinder these regulations being made with that intent we shall not consider, as we do not regard such a general scheme as shown by the contracts or proved. ”

George Sutherland

Summary

Quotes from Moore v. New York Cotton Exchange… (George Sutherland)

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