Straus v. American Publishers' Ass'n, 63.

CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)
Citation201 F. 306
Docket Number63.
PartiesSTRAUS et al. v. AMERICAN PUBLISHERS' ASS'N et al.
Decision Date09 December 1912

201 F. 306

STRAUS et al.
v.
AMERICAN PUBLISHERS' ASS'N et al.

No. 63.

United States Court of Appeals, Second Circuit.

December 9, 1912


[201 F. 307]

Wise & Seligsberg, of New York City (E. E. Wise and Wallace Macfarlane, both of New York City, of counsel), for plaintiffs in error.

S. H. Olin, of New York City, for defendants in error.

Before COXE, WARD, and NOYES, Circuit Judges. [201 F. 308]

WARD, Circuit Judge.

October 1, 1909, the plaintiffs began this action at law to recover treble damages against the defendants under the federal anti-trust law of July 2, 1890. The complaint alleges that the defendants, publishers of books, combined to organize a membership corporation under the laws of New York called the American Publishers' Association, of which they were members and which included a majority of the publishers in the United States, and of which the other defendants were the directors for the first year and also officers or directors of defendant corporations; that the purpose of the association was to maintain the retail price of copyrighted books and was to be effected by an agreement of the publishers to sell their books, copyrighted or uncopyrighted, only to such dealers as would maintain the net retail price of the copyrighted books; that in further prosecution of the combination the defendants aided the organization of a voluntary unincorporated association to co-operate with the Publishers' Association, called the American Booksellers' Association, which included a majority of the booksellers of the United States; that the purpose of this organization was to bring about an agreement between the booksellers to maintain the retail price of the publishers' copyrighted books by refusing to sell the books, copyrighted or uncopyrighted, of any publisher who declined to support the combination, and by refusing to sell any books at less than the usual retail price to any bookseller who cut the retail price of the publishers' copyrighted books; that these combinations went into operation May 1, 1901, and have been continued ever since, contrary to the provisions of the anti-trust law of July 2, 1890, except that in about the month of March, 1904, the Court of Appeals of the state of New York (177 N.Y. 473, 69 N.E. 1107, 64 L.R.A. 701, 101 Am.St.Rep. 819), in an action brought against the defendants herein and others, having declared the foregoing agreements unlawful so far as uncopyrighted books were concerned, the Publishers' Association and Booksellers' Association modified the said agreements so as to exclude uncopyrighted books, but continued the same illegal combination and conduct in respect to copyrighted books; that because the plaintiffs refused to conform to the regulations of these combinations they were put on a cut-off list, their business followed up by detectives, and their supply of books cut off, to their damage in the sum of $125,000.

The answer of the defendants contained, among other things, a separate defense to the effect that the plaintiffs had brought an action in equity in the Supreme Court of the state of New York, December 3, 1902, against them (except defendants Scribner, Scott, Britt, Putnam, Harvey,...

To continue reading

Request your trial
22 practice notes
  • United States v. United States Gypsum Co., Civil Action No. 8017.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • August 10, 1943
    ...1924, 266 U.S. 236, 45 S.Ct. 66, 69 L.Ed. 262; United States v. Oppenheimer, supra; Straus v. American Publishers' Ass'n, 2 Cir., 1912, 201 F. 306. It is contended by the Government that the doctrine of res judicata is not applicable where its operation would "limit the effectiveness" of a ......
  • Hayes v. Solomon, No. 77-1062
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 29, 1979
    ...30 L.Ed.2d 736 (1971); Blanchard v. Commonwealth Oil Co., 294 F.2d 834 (5th Cir. 1961). Compare also Straus v. American Publishers' Ass'n., 201 F. 306 (2d Cir. 1912), Appeal dismissed, 235 U.S. 716, 35 S.Ct. 197, 59 L.Ed. 438 (1914), with Lyons v. Westinghouse Electric Corp., 222 F.2d 184 (......
  • Lyons v. Westinghouse Electric Corporation, Docket 23312
    • United States
    • U.S. Court of Appeals — Second Circuit
    • March 29, 1955
    ...estoppel of the state judgment if it becomes final. These decisions are Straus v. American Publishers' Association, 2 Cir., 1912, 201 F. 306; Singer v. A. Hollander & Son, 3 Cir., 1953, 202 F.2d 55; Partmar Corporation v. Paramount Pictures Theatres Corporation, 1954, 347 U.S. 89, 74 S.Ct. ......
  • Nash County Bd. of Educ. v. Biltmore Co., O-R
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • January 12, 1981
    ...state antitrust statute barred under the doctrine of res judicata a later federal antitrust suit was Straus v. American Publishers' Assn., 201 F. 306, 310 (2d Cir. 1912), appeal dis. 235 U.S. 716, 35 S.Ct. 197, 59 L.Ed. 438. In sustaining the bar, the Court in that case "The fact that the j......
  • Request a trial to view additional results
22 cases
  • United States v. United States Gypsum Co., Civil Action No. 8017.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • August 10, 1943
    ...1924, 266 U.S. 236, 45 S.Ct. 66, 69 L.Ed. 262; United States v. Oppenheimer, supra; Straus v. American Publishers' Ass'n, 2 Cir., 1912, 201 F. 306. It is contended by the Government that the doctrine of res judicata is not applicable where its operation would "limit the effectiveness" of a ......
  • Hayes v. Solomon, No. 77-1062
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • June 29, 1979
    ...30 L.Ed.2d 736 (1971); Blanchard v. Commonwealth Oil Co., 294 F.2d 834 (5th Cir. 1961). Compare also Straus v. American Publishers' Ass'n., 201 F. 306 (2d Cir. 1912), Appeal dismissed, 235 U.S. 716, 35 S.Ct. 197, 59 L.Ed. 438 (1914), with Lyons v. Westinghouse Electric Corp., 222 F.2d 184 (......
  • Lyons v. Westinghouse Electric Corporation, Docket 23312
    • United States
    • U.S. Court of Appeals — Second Circuit
    • March 29, 1955
    ...estoppel of the state judgment if it becomes final. These decisions are Straus v. American Publishers' Association, 2 Cir., 1912, 201 F. 306; Singer v. A. Hollander & Son, 3 Cir., 1953, 202 F.2d 55; Partmar Corporation v. Paramount Pictures Theatres Corporation, 1954, 347 U.S. 89, 74 S.Ct. ......
  • Nash County Bd. of Educ. v. Biltmore Co., O-R
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • January 12, 1981
    ...state antitrust statute barred under the doctrine of res judicata a later federal antitrust suit was Straus v. American Publishers' Assn., 201 F. 306, 310 (2d Cir. 1912), appeal dis. 235 U.S. 716, 35 S.Ct. 197, 59 L.Ed. 438. In sustaining the bar, the Court in that case "The fact that the j......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT