Board of Trade of City of Chicago v. Donovan Commission Co.
| Decision Date | 06 April 1903 |
| Docket Number | 4,371.,4,370 |
| Parties | BOARD OF TRADE OF CITY OF CHICAGO v. DONOVAN COMMISSION CO. et al. SAME v. CELLA COMMISSION CO. et al. |
| Court | U.S. District Court — Eastern District of Missouri |
Henry S. Robbins and Boyle, Priest & Lehmann, for complainant.
Chester H. Krum, Dickson & Smith, Johnson & Richards, and H. A Loevy, for defendants.
There are separate records in these cases, but both present practically the same issues, and are determinable by practically the same proof, and will, therefore, be considered together. These are bills for injunction to restrain the commission companies from receiving or using certain market quotations known as 'continuous,' claimed to be the property of the complainant. It is charged that the complainant is a commercial exchange, wherein is conducted daily by its members a great volume of business is buying and selling grain and hog products for present and future delivery; that the quotations of the prices made in such transactions constitute a valuable property, which complainant utilizes by licensing certain telegraph companies, for consideration paid to it, to distribute them among their patrons and customers; that such quotations are furnished to the telegraph companies under contracts prohibiting them from distributing the same to any persons conducting a 'bucket-shop' business; that the defendants in these cases are engaged in that business; and that they and each of them are surreptitiously acquiring these 'continuous quotations' emanating from complainant's exchange either from the telegraph companies or through some other agencies, without the consent of the complainant or of the telegraph companies, in violation of the contract existing between complainant and such companies, thereby subjecting complainant to irreparable damage. The main facts controlling these cases are stated and much of the evidence now before me is set out in the case of Board of Trade v. O'Dell Commission Company (C.C.) 115 F. 574, to which reference is made for a more complete statement of the present cases and of the evidence controlling their determination.
The argument of counsel took a wide range, and embraced many questions, namely, whether complainant itself, as distinguished from its members, has any property right in the quotations; whether, if it had, complainant has not, by a long course of dealing, so devoted the same to public use without charge that it is not now permitted to assert a monopoly thereof; and whether compl...
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Board of Trade of City of Chicago v. Cella Commission Co.
...Eighth Circuit.April 16, 1906 Henry S. Robbins, for appellant. Chester H. Krum, for appellee Cella Commission Co. For opinion below, see 121 F. 1012. SANBORN and HOOK, Circuit Judges. HOOK, Circuit Judge. The Chicago Board of Trade exhibited its bill to enjoin the Cella Commission Company a......
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Christie Grain & Stock Co. v. Board of Trade of City of Chicago
... ... the state, until in almost every city or town of any ... considerable importance commission house, offices, or ... [125 F. 165] ... agencies were established, in which the great bulk of the ... business transacted was the making of ... Chicago v. O'Dell Commission Co. (C.C.) 115 F. 574 ... In that case, and in Board of Trade v. Donovan Commission ... Co. (C.C.) 121 F. 1012, upon consideration of ... substantially the same evidence submitted in this case, the ... conclusion was ... ...
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Board of Trade of City of Chicago v. L.A. Kinsey Co.
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Board of Trade of City of Chicago v. Donovan Commission Co.
...Eighth Circuit.April 16, 1906 Henry S. Robbins, for appellant. Chester H. Krum, for appellee Donovan Commission Co For opinion below, see 121 F. 1012. SANBORN and HOOK, Circuit Judges. HOOK, Circuit Judge. This case is like that of the Cella Commission Company (just decided) 145 F. 28. Ther......