74 F. 802 | N.D.N.Y. | 1896
(orally). The proof shows conclusively that during the summer of 1895, the tugs mentioned in the libel, rendered services to the claimant’s dredge in sums aggregating several hundred. dollars. The claimant seeks to avoid payment for the services thus requested and accepted by him, upon the ground that the tug owners were members of an association which was illegal and void under the act of July 2, 1890. The courts have found it very difficult to apply the indefinite generalities of this act to the facts of any given case. Prescott & A. C. R. Co. v. Atchison, T. & S. F. R. Co., 73 Fed. 438, and cases cited. Assuming, however, in order to avoid argument, that the agreement by which the. tugs undertook to act in unison was prohibited by the act, as being in restraint of trade, my present impression is that this assumption will not aid the claimant. He should not be permitted to repudiate his just debts to the individual tugs because their association was illegal. Having asked for their services, and having accepted the benefit thereof, he should pay. Counsel for the claimant asked for additional time in which to present authorities to establish the proposition that the towage contracts were void and in restraint of trade because the agreement by which the tugs were associated was void for that reason. The au-