SURVIVOR OF ACTIONS UNDER THE SHERMAN ANTI-TRUST ACT

Authors

Abstract

The question of survival of actions ex delicto following the death of a party thereto has caused no small amount of litigation, and in actions under the Sherman Anti-Trust Act, due to the large sums that are always involved and a consequent desire on the part of the plaintiff to reach all possible sources of compensation, the problem assumes a peculiar importance. Section 7 of the Sherman Anti-Trust Act simply provides that, "Any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this act, may sue * * *"· The problem was dealt with in a recent federal case in New York, Sullivan v. Ass. Bill-posters & Distributors et al, 6 F. (2d) 1000, where the plaintiff sued as assignee of creditors for the benefit of the S corporation against the defendant corporation and its directors, alleging that the defendants conspired to restrain trade and monopolize the billposting business with the result that the plaintiff's business was destroyed. During the pendency of the action one of the directors died and it was sought to revive the action against his executor. It was held that the action survived.

Recommended Citation

SURVIVOR OF ACTIONS UNDER THE SHERMAN ANTI-TRUST ACT, 24 Mich. L. Rev. 402 (1926).
Available at: https://repository.law.umich.edu/mlr/vol24/iss4/9