Page:The Green Bag (1889–1914), Volume 17.pdf/231

 THE GREEN BAG Jackson v. Stanfield, 137 Ind. 592. Jackson copy of a resolution recently adopted by the was a broker engaged in buying and selling Atlanta Druggists' Association. There are lumber. Stanfield was a member of a retail fifty-eight retail druggists and three whole lumber dealers' association. The rules of sale druggists in this city, and among this this association provided that if any whole number only one, a retailer, is designated sale dealer should sell lumber direct instead as an aggressive cutter. Believing that, of through retailers who owned lumber from a business standpoint, you would pre yards, all the members of the association of fer the aid and support of fifty-eight (two the retailers should upon notice refuse to of the wholesalers are also retailers) legiti have further dealings with such a whole mate druggists, rather than that of one saler. In this particular case Jackson was cutter, we feel sure that it will afford you the person injured by the enforcement of pleasure to sign the inclosed agreement. Awaiting an early reply, I am yours very this rule by the association. In holding this a conspiracy, Dailey, J., truly, [signed]." By force of this represen said: "The great weight of authority sup tation that no retailer in the association ports the doctrine, that where the policy would buy of any wholesaler who sold to pursued against a trade or business is cal the rate cutter, plaintiff was greatly dam culated to destroy or injure the business of aged in his business because he could not the person so engaged either by threats or get any supplies from the manufacturers, by intimidation, it becomes unlawful, and and brings this suit against members of the the person inflicting the wrong is amenable association. Mr. Justice Fish promptly granted an in to the injured party in a civil suit for dam ages therefor. It is not a mere passive, let- junction upon these grounds, thus stated: alone policy, a withdrawal of all business ' ' Courts and text writers have not infre relations, intercourse, and fellowship, that quently asserted that, as a general rule, a creates the liability, but the -threats and in conspiracy cannot be made the subject of a civil action unless something is done which, timidation involved in it." A more recent phase of the same problem without the conspiracy, would give a right is seen in the late case of Brown & Allen v. of action. But if this be advanced as a Jacobs Pharmacy Company, 115 Ga. 429. rule of universal application, it does not The record in this case disclosed that stand unchallenged. In the first instance, there existed in the United States three each member of the association had a per organizations, the Proprietary Association fect legal right to buy material and supplies of America, the National Wholesale Drug exclusively from any dealer or dealers he gists' Association, and the National Associa might choose, and each dealer had an equal tion of Retail Druggists. These three asso right to select members for his customers, ciations, acting together, had, among other and to confine his sales to them only. things, the purpose of keeping up the prices These were inherent rights, which no com of proprietary medicines, drugs, and other petitor was authorized to dispute, no court articles usually dealt in by those in the empowered to control or curtail. But in trade. Jacobs the plaintiff had formerly our opinion, it does not follow from this un been a member of the local branch of the doubted freedom of individual member and retail association in Atlanta, but he had of individual dealer that all of the members withdrawn from it upon charges being pre may, as ruled in those cases, lawfully enter ferred against him for violation of its rules. into a general and unlimited agreement, in Thereupon the association sent the following the form of by-laws, that they and all of letter to wholesalers throughout the coun them will make their purchases from only try: — "Gentlemen: Inclosed please find a such dealers as will sell to members exclu