Trade

Any sort of dealings by way of sale or exchange; commerce, traffic. May v. Ings in a particular business: as, the Indian trade; the business of a particular mechanic; hence boys are said to be put apprentices to learn a trh.de: as, the trade of a carpenter, shoemaker, and the like.

Bac. Abr. Master and Servant (D 1).

Trade differs from art. In exemption laws it is usually confined to the occupation of a mechanic; Enscoe v. Dunn, 44 Conn. 93, 26 Am. Rep. 430; but in its broader sense it is generally construed as equivalent to any occupation, employment, handicraft, or business; May v. Sloan, 101 U. S. 231, 25 Ij. Ed. 797; In re Pinkney, 47 Kan. SO, 27 Pac. 179. One cannot by multiplying his pursuits claim cumulatively several exemptions, but the fact that he carries on two or more pursuits concurrently does not deprive him of all exemptions, but the article exempted must belong to his principal business; Jenkins v. Mc Nall, 27 Kan. 532, 41 Am. Rep. 422. The term is also construed in cases arising under the “anti-trust” act forbidding trusts and combinations in restraint of trade, and it is held in that connection to have the broader sense; In re Pinkney, 47 Kan. 89, 27 Pac. 179, where the definition of the word is much discussed. See Restraint of Trade. The word is held to apply to the business of insurance; id.; Betz v. Maier, 12 Tex. Civ. App. 219, 33 S. W. 710; of a telegraph company; 3 Exch. Div. 108; transportation of merchandise for hire; The Eliza, 2 Gall. 4, Fed. Cas. No. 4,346; 7 Cra. 113; a blacksmith, who also builds wagons; Stewart v. Wei toil, 32 Mich. 59; a harness-maker, painter, and carriage-builder; Eager v. Taylor, 9 Allen (Mass.) 156; a dealer in ice who was also a farmer; Pierce v. Gray, 7 Gray (Mass.) 67; a tinner who owned and partly supported himself by playing a cornet; Baker v. Willis, 323 Mass. 394, 25 Am. Rep. 61; a saddle and harness-maker; Nichols v. Porter, 7 Tex. Civ. App. 302, 26 S. W. 859; keeping a home for working girls even though it appeared that no profits were made; 25 Ch. Div. 206; but maintaining a private lunatic asylum is held not a trade; 2 Ad. & El. 161. Trade and commerce, as used in the Sherman anti-trust act, are synonymous. Their use in the first section thereof does not enlarge the statute beyond the meaning of the common law expression “contracts in restraint of trade,” as they are analogous to “monopolize,” which is the basis and limitation of the statute; U. S. v. Patterson, 55 Fed. 605. See Tools; Exemption; Restraint of Trade; Trader; Tradesman.