Charles Scribner v. Isidor Straus No 204 Charles Scribner Sons, Incorporated v. Isidor Straus No 205
| Decision Date | 01 June 1908 |
| Docket Number | Nos. 204,205,s. 204 |
| Citation | 210 U.S. 352,28 S.Ct. 735,52 L.Ed. 1094 |
| Parties | CHARLES SCRIBNER and Arthur H. Scribner, Trading as Charles Scribner's Sons, Appts., v. ISIDOR STRAUS and Nathan Straus, Individually and as Copartners, Trading under the Firm of R. H. Macy & Company. NO 204. CHARLES SCRIBNER'S SONS, INCORPORATED, Appt., v. ISIDOR STRAUS and Nathan Straus, Individually and as Copartners, Trading under the Name of R. H. Macy & Company. NO 205 |
| Court | U.S. Supreme Court |
Mr. Stephen H. Olin and Messrs. Olin, Clark, & Phelps for appellants.
Messrs. John G. Carlisle and Edmond E. Wise for appellees.
These actions were submitted at the same time and admittedly involve the same questions of law. The suits were brought, the one by a partnership, as Charles Schribner's Sons and the other by a corporation, Charles Scribner's Sons, Incorporated, against R. H. Macy & Company, to restrain the selling at retail of the complainants' books, copyrighted under the laws of the United States, at prices less than those fixed by complainants, and from buying such copyrighted books except under the rules and regulations of the American Publishers' Association. The learned counsel for the appellants in this case, by consent, filed a brief in the case of Bobbs-Merrill Co. v. Straus, No. 176 (just decided), 210 U. S. 339, 52 L. ed. ——, 28 Sup. Ct. Rep. 722. So far as the same questions are involved, the decision in No. 176 is pertinent to this case, and these cases are controlled by the rulings made in that case.
The defendants carried on a department store. Among other things, they sold books at retail,—some copyrighted and some not. In the year 1901 the American Publishers' Association was formed among certain publishers of copyrighted books, and in their agreement is found the following:
Scribner's Sons' catalogue, invoices, and bill of goods contained the following notice:
'Copyrighted net books published after May 1, 1901, and copyrighted fiction published after February 1, 1902, are sold on condition that prices be maintained as provided by the regulations of the American Publishers' Association.'
In the case of a new publisher, notice was given by correspondence and by sending a blank, as follows:
American Publishers' Association.
_____ ___, 190_.
In consideration of discount allowed on books bought from _____ _____ we hereby agree that for one year from date of publication we will not sell net books at less than the retail prices fixed by the respective publishers, nor fiction published after February 1,...
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