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Trade

business, kan, re and pinkney

TRADE. Any sort of dealings by way of sale or exchange; commerce, traffic. May v. Sloan, 101 U. S. 231, 25 L. Ed. 797; In re Pinkney, 47 Kan. 89, 27 Pac. 179. Tne deal lugs in a particular business: as, the Indian trade ; the business of a particular mechan ic ; hence boys are said to be put apprentices to learn a trade: as, the trade of a carpen ter, shoemaker, and the like. Bac. Abr. Mas ter and Servant (D 1). Trade differs from art.

In exemption laws it is usually confined to the occupation of a mechanic ; Enscoe v. Dunn, 44 Conn. 93, 26 Am. Rep. 430; but in its broader sense it is generally construed as equivalent to any occupation, employment, handicraft, or business; May v. Sloan, 101 U. S. 231, 25 L. Ed. 797; In re Pinkney, 47 Kan. 89, 27 Pac. 179. One cannot by multi plying his pursuits claim cumulatively sever al exemptions, but the fact that he carries on two or more pursuits concurrently does not deprive him of all exemptions, but the ar ticle exempted must belong to his principal business ; Jenkins v. McNeil, 27 Kan. 532, 41 Am. Rep. 422.

The term is also construed in cases wis ing under the "anti-trust" act forbidding trusts and combinations in restraint of trade, and it is held in that connection to have the broader sense ; In re Pinkney, 47 Kan. 89, 27 Pac. 179, where the definition of the word is much discussed.

See RESTRAINT OF TRADE.

The word is held to apply to the business of insurance ; id.; Betz v. Maier, 12 Tex. Civ. App. 219, 33 S. W. 710; of a telegraph com pany; 3 Exch. Div. 108; transportation of merchandise for hire ; The Eliza, 2 Gall. 4, Fed. Cas. No. 4,346 ; 7 Cra. 113 ; a black smith, who also builds wagons ; Stewart v. Welton, 32 Mich. 59 ; a harness-maker, paint er, and carriage-builder ; Eager v. Taylor, 9 Allen (Mass.) 156; a dealer in ice who was also a farme; Pierce v. Gray, 7 Gray (Mass.) 67; a tinner who owned and partly supported himself by playing a cornet ; Baker v. Willis, 123 Mass. 194, 25 Am. Rep. 61; a saddle and harness-maker ; Nichols v. Porter, 7 Tex. Civ. App. 302, 26 5. W. 859 ; keeping a home for working girls even though it appeared that no profits were made; 25 Ch. Div. 206; but maintaining a private lunatic asylum is held not a trade ; 2 Ad. & EL 161.

Trade and commerce, as used in the Sher man anti-trust act, are synonymous. Their use in the first section thereof does not en large the statute beyond the meaning of the common law expression "contracts in re straint of trade," as they are analogous to "monopolize," which is the basis and limita tion of the statute; U. S. v. Patterson, 55 Fed. 605.

See TOOLS; EXEMPTION; RESTRAINT OF TRADE; TRADER; TRADESMAN.