Federal Antitrust Decisions 2

Cover Federal Antitrust Decisions 2
Federal Antitrust Decisions 2
United States. Dept. of Justice
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Bean, 15 N. H. 577; Watkins v. Nugen, 45 S. E. Rep. 262; Mcintosh v. Wilson, 81 Iowa, 339 ; Traders' National Bank v. Steere, 165 Massachusetts, 389; Harris, Sunday Laws, § 169.
The condition of the possessor is so much better than that even of the original owner, that the possessor can recover the property not only from a stranger but from such original owner, if by chance the latter has been able to repossess him- self of the property. Kinney v. McDermrtt, 55 Iowa, 674; Smith v. Bean, 17 N. H
.... 577; Thompson v. Williams, 58 N. H. 248 ; Cohn v. Heimbauch, 86 Wisconsin, 176.
[281] The distinction between mala m se, and mala pro- hibita has been abandoned, but were this otherwise, there is authority for regarding as malum in se any act contraven- ing public policy and a penal statute. Irwin v. Curie, 171 N. Y. 409, 415 ; Gibbs v. Gas Co., 130 U. S. 396 ; McMullen v.
Hoffman, 174 U. S. 639; Equitable Society v. Wetherill, 127 Fed. Rep. 946.
The doctrine of locus poenitentue is available only to those who seasonably seek to make restitution and to withdraw from their illegal executory contract.


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