KFLCC Kingdom Law 2nd Ed.

1165

TRADITIO

TRADE

a grains, troy. Rev. St. U. S. § 3513 (U. S. mp. St. 1901, p. 2345).— Trade fixtures. See FIXTURES.— Trade usage. The usage or customs commonly observed by persons conver sant in, or connected with, a particular trade. A distinctive mark, mot to, device, or emblem, which a manufacturer stamps, prints, or otherwise affixes to the goods he produces, so that they may be identified in the market, and their origin be vouched for. See Trade-Mark Gases, 100 U. S. 87, 25 L. Ed. 550; Moorman v. Hoge, 17 Fed. Cas. 715; Solis Cigar Co. v. Pozo, 16 Colo. 388, 26 Pac. 556, 25 Am. St Rep. 279; State v. Bishop, 128 Mo. 373, 31 S. W. 9, 29 L. R. A. 200, 49 Am. St Rep. 569; Royal Baking Powder Co. v. Raymond (C. C.) 70 Fed. 380; Hegeman & Co. v. Hegeman, 8 Daly (N. Y.) 1. —Trade-marks registration act, 1875. This is the statute 38 & 39 Vict. c. 91, amended by the acts of 1876 and 1877. It provides for % the establishment of a register of trade-marks under the superintendence of the commissioners of patents, and for the registration of trade marks as belonging to particular classes of goods, and for their assignment in connection with the good-will of the business in which they are used. Sweet. TRADE-NAME. A trade-name is a name which by user and reputation has acquired the property of indicating that a certain trade or occupation is carried on by a partic ular person. The name may be that of a person, place, or thing, or it may be what is called a "fancy name," (i. e., a name having no sense as applied to the particular trade,) or word invented for the occasion, and hav ing no sense at all. Seb. Trade-Marks, 37. Sweet. A combination or as sociation of men employed in the same trade, (usually a manual or mechanical trade,) unit ed for the purpose of regulating the customs and standards of their trade, fixing prices or hours of labor, influencing the relations of employer and employed, enlarging or main taining their rights and privileges, and other similar objects. — Trade-union act. The statute 34 & 35 Vict. c. 31, passed in 1871, for the purpose of giving legal recognition to trade unions, is known as the "trade-union act," or "trade union funds protection act." It provides that the members of a trade union shall not be prose cuted for conspiracy merely by reason that the rules of such union are in restraint of trade; and that the agreements of trade unions shall not on that account be void or voidable. Pro visions *are also made with reference to the registration and registered offices of trade un ions, and other purposes connected therewith. Mozley & Whitley. A person engaged In trade; one whose business is to buy and sell mer chandise, or any class of goods, deriving a profit from his dealings. 2 Kent, Comm. 389; State v. Chabourn, 80 N. C. 481, 30 Am. Rep. 94; In re New York & W. Water Co. (D. TRADE-MARK. TRADE UNION. TRADER.

C.) 98 Fed. 711; Morris v. Clifton Forge Grocery Co., 46 W. Va. 197, 32 S. E. 997.

TRADESMAN.

In England, a shop deep

er; a small shop-keeper. In the United States, a mechanic or artifi cer of any kind, whose livelihood depends un on the labor of his hands. Richie v. M& Cauley, 4 Pa. 472. "Primarily the words trader' and 'tradesman' mean one who trades, and they have been treat ed by the courts in many instances as synony mous. But, in their general application and usage, I think they describe different vocations. By 'tradesman' is usually meant a shop-keeper. Such is the definition given the word in Bur rill's Law Dictionary. It is used in this sense by Adam Smith. He says, {Wealth of Nations:) 'A tradesman in London is obliged 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 gives it the same mean ing, and quotes Prior and Goldsmith as authori ties." In re Ragsdale, 7 Biss. 155, Fed. Cas. No. 11,530. TRADICION. Span. In Spanish law. Delivery. White, New Recop. b. 2, tit 2, c. 9. Engaging In trade, (q. v.;) pursuing the business or occupation of trade or of a trader. —Trading corporation. See COBPOBATION. —Trading partnership. Whenever the busi ness of a firm, according to the usual modes of conducting it, imports, in its nature, the necessity of buying and selling, the firm is properly regarded as a "trading partnership" and is invested with the powers'and subject to the obligations incident to that relation. Dowl ing v. National Exeh. Bank, 145 U. S. 512, 12 Sup. Ct. 928, 36 L. Ed. 795.— Trading voy age. One which contemplates the touching and stopping of the vessel at various ports for the purpose of traffic or sale and purchase or exchange of commodities on account of the own ers and shippers, rather than the transportation of cargo between terminal points, which is call ed a "freighting voyage." See Brown v. Jones, 4 Fed. Cas. 406. 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 will of aliening it, transfers it for a law ful consideration to the receiver. Heinecc. Elem. lib. 2, tit. 1, § 380. —Quasi traditio. A supposed or implied delivery of property from one to another. Thus, if the purchaser of an article was already in possession of it before the sale, his continuing in possession is considered as equivalent to a fresh delivery of it, delivery being one of the necessary elements of a sale; in other words, a quasi traditio is predicated.— Traditio brevi manu. A species of constructive or implied delivery. When he who already holds posses sion of a thing in another's name ag-rees with that other that thenceforth he shall possess it in his own name, in this case a delivery and redelivery are not necessary. And this species of delivery is termed "traditio brevi manu." Mackeld. Rom. Law, § 284.— Traditio clavi um. Delivery of keys; a symbolical kind of delivery, by which the ownership of merchan* dise in a warehouse might be transferred to a buyer. Inst. 2, 1, 44.—Traditio longa manu. A species of delivery which takes place Where TRADING. TRADITIO.