KFLCC Kingdom Law 2nd Ed.

221

COMMERCIAL

COMMERCE

New York and San Francisco.— Internal commerce. Such as is carried on between individuals within the same state, or between different parts of the same state. Lehigh Val. R. Co. v. Pennsylvania, 145 U. S. 192, 12 Sup. Ct. 806, 36 L. Ed. 672; Steamboat Co. v. Liv ingston, 3 Cow. (N. Y.) 713. Now more com monly called "intrastate" commerce.— Inter national commerce. Commerce between states or nations entirely foreign to each other. Louisville & N. R. Co. v. Tennessee R. R, Com'n (C. C.) 19 Fed. 701.— Interstate com merce. Such as is carried on between different states of the Union or between points lying in different states. See INTEESTATE COMMERCE — Intrastate commerce. Such as is begun, carried on, and completed wholly within the limits of a single state. Contrasted with "in terstate commerce," (q. v.) War contracts. Compacts entered into by belligerent nations to secure a temporary and limited peace. 1 Kent, Comm. 159. Contracts between na tions at war, or their subjects. Relating to or connect ed with trade and traffic or commerce in gen eral. U. S. v. Breed, 24 Fed. Cas. 1222; Earnshaw v. Cadwalader, 145 U. S. 258, 12 Sup. Ct 851, 36 L. Ed. 693; Zante Cur a "mercantile" agency. In re United States Mer cantile Reporting, etc., Co., 52 Hun, 611, 4 N. Y. Supp. 916. See MEECANTILE.— Commer cial agent. An officer in the consular serv ice of the United States, of rank inferior to a consul. Also used as equivalent to "Commer cial broker," see infra.— Commercial broker. One who negotiates the sale of merchandise without having the possession or control of it, being distinguished in the latter particular from a commission merchant. Adkins v. Richmond, 98 Va. 91, 34 S. E. 967, 47 L. R. A. 583, 81 Am. St. Rep. 705; In re Wilson, 19 D. C. 349, 12 L. R, A. 624; Henderson v. Com., 78 Va. 489.— Commercial corporation. One engaged in commerce in the broadest sense of that term; hence including a railroad com pany. Sweatt v. Railroad Co., 23 Fed. Cas. 530.— Commercial domicile. See DOMI CILE.— Commercial insurance. See IN SURANCE.— Commercial law. A phrase used to designate the whole body of substantive juris prudence applicable to the rights, intercourse, and relations of persons engaged in commerce, trade, or mercantile pursuits. It is not a very scientific or accurate term. As foreign com merce is carried on by means of shipping, *he term has come to be used occasionally as syn onymous with "maritime law;" but, in strict ness, the phrase "commercial law" is wider, and includes many transactions or legal questions which have nothing to do with shipping or its incidents. Watson v. Tarpley, 18 How. 521, 15 L. Ed. 509; Williams v. Gold Hill«Min. Co. (C. C.) 96 Fed. 464.— Commercial mark. In French law. A trade-mark is specially or pure ly the mark of the manufacturer or producer of the article, while a "commercial" mark is that of the dealer or merchant who distributes the product to consumers or the trade. La Republique Frangaise v. Schultz (C C.) 57 Fed. 41 — Commercial paper. The term "commercial paper" means bills of exchange, promissory notes, bank-checks, and other ne gotiable instruments for the payment of money, which, by their form and on their face, purport to be such instruments as are, by the law merchant, recognized as falling under the desig nation of "commercial paper" In re Hercules Mut L. Assur. Soc., 6 Ben. 35, 12 Fed. Cas. COMMERCIA BELLI. COMMERCIAL. rants (C. O.) 73 Fed. 189. —Commercial agency. The same as

12 How. 299, 13 L. Ed. 996; Trade-Mark Cas es, 100 U. S. 96, 25 L. Ed. 550; Gibbons v. Ogden, 9 Wheat. 1, 6 L. Ed. 23; Brown v. Maryland, 12 Wheat 448, 6 L. Ed. 678; Bow man v. Railroad, 125 U. S. 465, 8 Sup. Ct. 689, 31 L. Ed. 700; Leisy v. Hardin, 135 U. S. 100, 10 Sup. Ct 681, 34 L. Ed. 128; Mobile County v. Kimball, 102 U. S. 691, 26 L. Ed. 238; Corfield T. Coryell, 6 Fed. Cas. 546; Fuller v. Railroad Co., 31 Iowa, 207; Passenger Cases, 7 How. 401, 12 L. Ed. 702; Bobbins v. Shelby County Taxing Dist, 120 U. S. 489, 7 Sup. Ct. 592, 30 L. Ed. 694; Arnold v. Tanders, 56 Ohio St 417, 47 N. E. 50, 60 Am. St. Rep. 753; Fry v. State, 63 Ind. 562, 30 Am. Rep. 238; Webb v. Dunn, 18 Fla. 724; Gilman v. Philadelphia, 3 WalL 724, 18 L. Ed. 96. Commerce is a term of the largest import. It comprehends intercourse for the purposes of trade in any and all its forms, including the transportation, purchase, sale, and exchange of commodities between the citizens of our coun try and the citizens or subjects of other coun tries, and between the citizens of different states. The power to regulate it embraces all the instruments by which such commerce may be conducted. Welton v. Missouri, 91 U. S. 275, 23 L. Ed. 347. Commerce is not limited to an exchange of commodities only, but includes, as well, inter course with foreign nations and between the states; and includes the transportation of pas sengers. Steamboat Co. v. Livingston, 3 Cow. (N. Y.) 713; People v. Raymond, 34 Cal. 492. The words "commerce" and "trade" are synonymous, but not identical. They are often used interchangeably; but, strictly speaking, commerce relates to intercourse or dealings with foreign nations, states, or po litical communities, while trade denotes busi ness intercourse or mutual traffic within the limits of a state or nation, or the buying, selling, and exchanging of articles between members of the same community. See Hook er v. Vandewater, 4 Denio (N, Y.) 353, 47 Am. Dec. 258; Jacob; Wharton. —Commerce with, foreign nations. Com merce between citizens of the United States and citizens or subjects of foreign governments; commerce which, either immediately or at some stage of its progress, is extraterritorial. U. S. r. Holliday, 3 Wall. 409, 18 L. Ed. 182; Veazie •. Moor, 14 How. 573, 14 L. Ed. 545; Lord v. Steamship Co., 102 U. S. 544, 26 L. Ed. 224. The same as "foreign commerce," which see infra. — Commerce with Indian tribes. Commerce with individuals belonging to such tribes, in the nature of buying, selling, and ex changing commodities, without reference to the locality where carried on, though it be within the limits of a state. U. S. v. Holliday, 3 Wall. 407, 18 L. Ed. 182j U. S. v. Cisna, 25 Fed. Cas. 424.— Domestic commerce. Com merce carried on wholly within the limits of the United States, as distinguished from for eign commerce. Also, commerce carried on within the limits of a single state, as distin guished from interstate commerce. Louisville & N. R. Co. v. Tennessee R. R. Com'n (C. C.) 19 Fed. 701.— Foreign commerce. Commerce or trade between the United States and foreign countries. Com. v. Housatonic R. Co., 143 Mass. 264, 9 N. E. 547; Foster v. New Orleans, 94 U. S. 246. 24 L. Ed. 122. The term is some times applied to commerce between ports of two sister states not lying on the same coast, e. g.,