Strout v. United Shoe Machinery Co.

Citations

• 195 F. 313
• 1912 U.S. Dist. LEXIS 1643

Syllabus

<p>1. Monopolies (§ 28*)—Actions fob Damages by Combinations—Pleadings —SUFFICIENCY.</p> <p>A declaration, which alleges that defendant corporation was formed to suppress competition in shoe machinery, that, in pursuance of the plan, it and its officers, codefendants, acted in combination and conspiracy in restraint of plaintiff’s trade, that the trade to be restrained was interstate, that enumerated things were done by the corporation and its officers to attain such restraint of plaintiff’s trade, that thereby competition was destroyed and the monopoly of the corporation sustained, and that plaintiff’s property and business were injured thereby, states a cause of action under Sherman Anti-Trust Act, Act Cong. July 2, 1890, c. 647, § 7, 26 Stat. 210 (U. S. Comp. St. 1901, p. 3202), authorizing any person injured in his business or property by any person or corporation, by reason of anything forbidden in the act, to sue therefor in the federal Circuit Court in the district in which defendant resides or is found.</p> <p>[Ed. Note.—For other cases, see Monopolies, Cent. Dig. § 18; Dec. Dig. § 28.*]</p> <p>2. Pleading (§ 17*)—Jurisdiction—Federal Courts—Pleadings.</p> <p>Where the question relates to the jurisdiction of federal courts under a federal statute, the averments of the pleadings purporting to give jurisdiction must be positive, and argumentative inferences are insufficient.</p> <p>[Ed. Note.—For other cases, see Pleading, Cent. Dig. §§ 38, 41, 350; Dec. Dig. § 17.*]</p> <p>8. Monopolies (§ 28*)—Civil Actions—Statutes.</p> <p>The remedy given by tile Sherman Anti-Trust Act (Act Cong. July 2, 1890, c. 647, I 7, 26 Stat. 210 [U. S. Comp. St. 1901, p. 3202]), authorizing an action for threefold damages, sustained by any person injured in consequence of any act forbidden or declared to be unlawful by the act, is a civil remedy for private injury, compensatory in its purpose and effect, and the threefold damages recoverable are exemplary damages.</p> <p>[Ed. Note.—