ELKLAND LEATHER CO.
v.
NATIONAL LABOR RELATIONS BOARD

U.S. | 1940-11-18
No. 496
311 U.S. 705 Supreme Court of the United States (1940) Positive Treatment
Cited by 21 cases

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Cited By (21 total)

  • Pinter v. Dahl, 486 U.S. 622 (U.S. 1988)
    …yer, to be among those “from” whom the buyer “purchased,” even though the agent himself did not pass title. See Cady v. Murphy, 113 F. 2d 988, 990 (CA1) (finding broker [*645] acting as agent of the owner liable as a statutory seller), cert. denied, 311 U. S. 705 (1940). The Securities Act does not define the term “purchase.” The soundest interpretation of the term, however, is as a correlative to both “sell” and “offer,” at least to the extent that the latter entails active solicitation of an offer to buy.…
  • Sec. & Exch. Comm'n v. Murphy, 626 F.2d 633 (9th Cir. 1980)
    …st harm, not to punish the offender.”). . Courts first extended liability under § 12 beyond those in privity of contract with the buyer by including brokers. Murphy v. Cady, 30 F.Supp. 466 (D.Me.1939), aff'd, 113 F. 2d 988 (1st Cir.), cert. denied, 311 U.S. 705, 61 S.Ct. 175, 85 L.Ed. 458 (1940); see Katz v. Amos Treat & Co., 411 F. 2d 1046, 1053 (2d Cir. 1969). Next, the definition of seller expanded to encompass any defendant who participated in any phase of an overall plan to market securities. Wonnem…
  • Fratt v. Robinson, 203 F.2d 627 (9th Cir. 1953)
    …endence Shares Corp’n v. Deckert, 3 Cir., 1939, 108 F. 2d 51, reversed on other grounds, 1940, 311 U.S. 282, 61 S.Ct. 229, 85 L.Ed. 189; Murphy v. Cady, D.C.D. Me., 1939, 30 F.Supp. 466, affirmed, 1 Cir., 1940, 113 F. 2d 988, certiorari denied 1940, 311 U.S. 705, 61 S.Ct. 175, 85 L.Ed. 458. . Thomas v. Richter, 1915, 88 Wash. 451, 158 P. 333; Douglas County v. Grant County, 1917, 98 Wash. 355, 167 P. 928; Heitfeld v. Benevolent and Protective Order of Keglers, 1950, 36 Wash.2d 685, 220 P. 2d 655, 18 A.L.R.…

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