Page:Black's Law Dictionary (Second Edition).djvu/1173

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TRADE

Rev. St. U. S. § 3513 (U. S.

St. 1901. p. 2.$15)..—Trnde fixtures.

I Trade usage. The usage or

customs commonly observed by persons conver- Isnt Ill, or connected with, a particular trade.

ty grains, troy. Comp.

m cu m '1 E H

1

TRADE-MARK. A distinctive mark, motto, device, or embiem, which a manufacturer stamps, prints, or otherwise aifixcs to the goods he produces, so that tbey may be identified in the market, and their origin he vouched for. See Tl'fidB~.\Ifil'1{ Cases. 100 U. S. 87. “" L. Ed. 550; Moormnn v. Huge, 17 Fed. Cas. 715: S0115 Cigar Co. v. I'ozo, 16 Colo. 383. 26 Pac. 55!}. 23 Am. St, Rep. 270; State v Bishop, 128 M0. 373. 31 S. W. 9, 29 L. R. A. 200. 49 Am. St. Rep. 5&9; Royal Bnhing Powder Co. v. Raymond (C. C.) 70 Fed. 350: Ilegeman 6: Co. v. Hcgeman. 8 Daly (N. Y.) 1. —'l.‘rade-marks registration act, 1375. This is the statute 3S & 39 \'ict. c. 91, umcnded by the acts of 1876 and 1877. It provides for the estnblisbmenl: of a register of tr'\de-marks under the superintendenee of the commissioners of patents, and for the registration of trademarks as belonging to particuinr classee of goods, and for their assignment in connection with the good-wili of the business in which they are used. Sweet.

TRADE-NAJVE. A trade-name is a name which by user and reputation has acquired the property of rndicating that a certain trade or occupation is carried on by a partic- ular person. The name may be that of a person, piano, or thing, or it may be what is cuiled a “fancy name," (L e., a name having no sense as applied to the particuiar tralie.) or word invented for the occasion, and having no sense at all. Seb. Tradr,Ll\Iarks, 37. Sweet.

TRADE UNION. A combination or associntiou of men employed in the some trade, (usually a manual or mechanical trade.) united for the purpose of regulating the customs and standards of their trade, fixing prices or hours of labor, influencing the reiations of employer and employed. enlarging or maintaining their rights and privileges, and other similar objects.

—Tr-ade-rmion act. The statute 34 6: 35 Vict c 31. passed in 1871, for the purpose of giving legal recnmlition to trade unions. is nznown as the "trade-union act." or “trade- union funds protection act.” It provides that the members of a tradc union shall not be prosecuted for conspiracy merely by reason that the mice of such union are in restraint of trade: and that Ihe agreements of trade unions shaii not on that account be void or voldnble. Pro- visions are also made with reference to the registration nnd registered offices of trade un- ions, and other purposes connected therewith. Morley 5; Whitley.

TRADER. A person engaged in trade; one whose business is to buy and seil mer- Ci.i.lnfiiS(‘, or any class of goods. dernlng a profit from his dealings. 2 Kent. Comm. 389; Store v. C-hahonrn. 80 N. C. 481. 30 Am. Rep. 94; In re New York 5; W Water Co. (D.

1165

TIIADITIO

C.) 98 Fed. 711; Morris v. Clifton Forge Grocery Co., 46 W. Va. 197, 32 S. E. 907

TRADESMAN. In England, a shop keep- er; :1 small shop-keeper.

In the United States, a mechanic or nrtificer of any kind, whose livelihood depends upon the labor of his hands. Richie v. Mc- Canley. 4 Pa. 472.

“Primarily the words ‘trader‘ and 'tradesmnn' mean one who trades, and they have been heated by the courts in many Instances rm synony- mous. Bnt. in their genersi appincntiun and nsnge, I think they describe different vuuiliuns. Ry Tradesman‘ is usuaily meant a shop-keeper. Such is the definition given the \vord in Burrill's Law Dictionary. It is used in this sense by Adam Smith. He says, (Wenilh of 1\at,ions:) ‘A tradcsman in London Is obiiged to hire a whole house in that part of the town where his customers live. His shop is on the ground floor,’ etc. Dr. Johnson mves it the same mean- in-,:, and quotes Prior and Goidsmith as authorities." In re Ragsdaie, 7 Bias. 155, Fed. Can. No. 11.530.

TRADICION. Span. In Spanish law. Delivery. White, New Recop. b. 2 tit. 2, c. 9.

TRADING. Engaging in trade, (q. 12.;) pursuing the business or occupation of trade or or a trader.

—Tr-u.d.ing our-pox-ation. See Coaronnrron. —Trading partnership. Whenever the busi- ness of :1 firm, according to the usuni modes of conducting it. imports, in its nature, the necessity of buying and seliing. tine firm IS properiy regarded as a "trading partnership" and is invested with the powers and subject to the obiigutions incident to that relation. Dowling v. Nationni Exch. Bank. 1 " U. S. 512. 12 Sup. Ct. 928. 36 L. Ed. 79- —'l‘x-ading voy- age. One which contempiates the touching and stopping of the ressei at various ports for the purpose of trallic or saie and purchase or exchange of commodities on account of the owners and shippers. rather than the transportation of cargo between terminal points, which is cali- ed a "freightin-.; voyage." See Brown v. Jones. 4 Far]. Gas. 401;.

TRADITIO.}} Lat. In the civil law. De- livery; transfer of possession; a derivative mode of acquiring, by which the owner of a corporeal thing, having the right and the wili of aiiening it, transfers it for a law- tni consideration to the receiver. Hemecc. Elem. lib. 2. tit. 1. § 380.

—Quasi tr-nditio. A supposed or implied deiiwry of property from one to anotber. Thus, If tire purchaser of on article was already in -possession of it before the saie, his continuing in possossion is considered as eqnivaient to a fresh delivery of it, delivery being one of the necessary elements of a sai : in other words. a quasi tradilio is 'pI‘efl|C3l'F‘ —-Tr-aditio brevi mann. A species of constructive or implied delivery. WlIen he who already hoids possession of a thing in nnothcr's name agrees with that other that thenceforth he shaii possess it in bis own name. in this case a dciivcry and redclirery are not necessary. And this species of delivery is termed "iraditio b1'cI/'9' manu." Mnckelll. Rom. Law. § 2S4.—Trs.diI:io clavi- Illn. Deiivery of keys; :1 symbolicai kind of delivery, by which the ownership of merchandisc in a warehouse might be transferred to a buyer. Inst. 2. 1, 44.—T1'a.ditia longn mnnn.

A species of delivery which takes place where