What is BUSINESS? Definition of BUSINESS in Black's Law Dictionary
The term "business" has no definite or legal meaning. Connor v. City of University Park, Tex.Civ.App., 142 S.W.2d 706, 715; it may be an uncertain one. In re Frey's Will, 154 Misc. 421, 277 N.Y.S. 269, 272.
The term may mean or embrace:
Activity, Norman v. Southwestern R. Co., 42 Ga.App. 812, 157 S.E. 531, 533; In re Frey's Will, 277 N.Y.S. 269, 272,
154 Misc. 421; activity of some continuity, regularity and permanency, means of material being and livelihood, Board of Sup'rs of Amherst County v. Boaz, 176 Va. 126, 10 S.E.2d 498, 499. Activity or enterprise for gain, benefit, advantage or livelihood, Union League Club v. Johnson, Cal. App., 108 P.2d 487, 490. Activity which benefits corporation's organizers or members, O'Neil v. United Producers & Consumers Co-op., 57 Ariz. 295, 113 P.2d 645, 648; affairs, Sills v. Sorenson, 192 Wash. 318, 73 P.2d 798, 802, Industrial Fibre Co. v. State, 31 Ohio App. 347, 166 N.E. 418, 419; any particular occupation or employment, Industrial Fibre Co. v. State, 31 Ohio App. 347, 166 N.E. 418, 419; automobile liability policy excepting liability to insured's chauffeurs while engaged in his "business," anything in which insured desired to concern himself. Dickey v. General Accident Fire & Life Assur. Corporation Limited of Perth, Scotland, 328 Pa. 541, 195 A. 875 ; barter, Wills v. National.
Mineral Co., 176 Okl. 193, 55 P.2d 449, 453; busyness, Snell v. Commissioner of Internal Revenue, C.C.A.Fla., 97 F.2d891, 892; calling, Gardner v. Trustees of Main St. M. E. Church of Ottumwa, Iowa, 244 N.W. 667, 669, Morgan v. Salt Lake City, 78 Utah 403, 3 P.2d 510, 513; capacity by which results are reached, Norman v. Southwestern R. Co., 42 Ga.App. 812, 157 S.E. 531, 533; In re Frey's Will, 277
N.Y.S. 269, 272, 154 Misc. 421; commercial or industrial establishment or enterprise, Westor Theatres v. Warner Bros. Pictures, D.C.N.J., 41 F.Supp. 757, 761; concern, Industrial Fibre Co. v. State, 31 Ohio App. 347, 166 N.E. 418, 419; constant or continuous or habitual employment or occupation, Burk v. United States, C.C.A.Ala., 134 F.2d 879, 881; efforts of men to improve their economic conditions and satisfy their desires, people ex rel. Atty. Gen. v. Jersin, 101 Colo. 406, 74 P.2d 668, 670; employment, Industrial Fibre Co. v. State, 31 Ohio App. 347, 166 N.E. 418, 419; employment, occupation, or profession engaged in for gain or livelihood, Mergenthaler Linotype Co. v. McNamee, 123 Neb. 71, 249 N.W. 92, 93; employment occupying substantial portion of time and attention, Walsh v. Industrial Commission, 345 Ill. 366, 178 N.E. 82, 83; energy by which results are reached, Norman v. Southwestern R. Co., 42 Ga.App. 812, 157 S.E. 531, 533; In re Frey's Will, 277 N.Y.S. 269, 272, 154 Misc. 421; enterprise in which person engaged shows willingness to invest time and capital on future outcome, Doggett v. Burnet, 62 App.D.C. 103, 65 F.2d 191, 194; every legitimate avocation in life by which honest support for family may be obtained, Postal Savings & Loan Ass'n v. Powell, Tex.Civ.App., 47 S.W.2d 343, 352; every step in a long, complicated financial or commercial transaction, Business Management Corporation v. Department of Industrial Relations, Cal.App., 123 P.2d 142, 143; everything about which a person can be employed, Higgins v. Commissioner of Internal Revenue, 312 U.S. 212, 61 S.Ct. 475, 478, 85 L.Ed. 783; exchange of things of value, Wills v. National Mineral Co., 176 Okl. 193, 55 P.2d 449, 45.3; family car doctrine, any benefit which may inure to the owner, Donn v. Kunz, Ariz., 79 P.2d 965, 968; good will, In re Frey's Will, 277 N.Y.S. 269, 272, 154 Misc. 421, In re Weber's Estate, 261 Pa. 561, 104 A. 735, 737; intercourse of a commercial character, Karnuth v. U. S., on Petition of Albro, for Cook, N. Y., 279 U.S. 231, 49 S.Ct. 274, 278, 73 L. Ed. 677; mercantile transactions in general, Industrial Fibre Co. v. State, 31 Ohio App. 347, 166 N.E. 418, 419; occupation, Industrial Fibre Co. v. State, 31 Ohio App. 347, 166 N.E. 418, 419, Morgan v. Salt Lake City, 78 Utah 403, 3 P.2d 510, 513; occupation connected with operation or details of barter, trade, industry or commerce, Bankers' Holding Corporation v. Maybury, 161 Wash. 681, 297 P. 740, 743, 75 A.L.R. 1237; occupation or duty which requires attention as a business, Taylor v. Seney, 52 Ohio App. 79, 3 N.E.2d 374, 376; opportunities, Norman v. Southwestern R. Co., 42 Ga.App. 812, 157 S.E. 531, 533, In re Frey's Will, 277 N.Y.S. 269, 272, 154 Misc. 421; ordinary vocation, Ostlie v. H. F. Dirks & Son, 189 Minn. 34, 248 N.W. 283; professions, Connor v. City of University Park, Tex.Civ.App., 142 S.W.2d 706, 715; property, In re Frey's Will, 277N.Y.S. 269, 272, 154 Misc. 421; In re Weber's Estate, 261 Pa. 561, 104 A. 735, 737; pursuit, Morgan v. Salt Lake City, 78 Utah 403, 3 P.2d 510, 513; regular profession, trade or occupation, Bordo v. Grayek, 136 Pa.Super. 124, 7 A.2d 142, 144; right or occasion of making one's self busy, Industrial Fibre Co. v. State, 31 Ohio App. 347, 166 N.E. 418, 419; sale, Wills v. National Mineral Co., 176 Okl. 193, 55 P.2d 449, 453; that which habitually busies or occupies or engages the time, attention, labor, and effort of men as a principal serious concern or interest or for livelihood or profit, Curley v. New England Trust Co., 221 Mass. 384, 109 N.E. 171, 174, Massolini v. Driscoll, 114 Conn. 546, 159 A. 480, 482; trade, Connor v. City of University Park, Tex.Civ. App., 142 S.W.2d 706, 715, Morgan v. Salt Lake City, 78 Utah 403, 3 P.2d 510, 513 ; transaction, Industrial Fibre Co. v. State, 31 Ohio App. 347, 166 N.E. 418, 419; occasional, single or isolated activities do not constitute business, Vandervort v. Industrial Commission of Wisconsin, 203 Wis. 362, 234 N.W. 492, 493; Goddard v. Chaffee, 2 Allen, Mass., 395, 79 Am. Dec. 796. But see Industrial Commission v. Hammond, 77 Colo. 414, 236 P. 1006, 1008.
Definition of "business" is not dependent on whether enterprise is profitable or has prospects of being profitable. Doggett v. Burnet, 62 App.D.C. 103, 65 F.2d 191, 193. Labor, business, and work are not synonyms.
Business Affected with Public Interest
One so employed as to justify conclusion that it has been devoted to public use, and its use thereby in effect granted to public. Williams v. Standard Oil Co. of Louisiana, Tenn., 278 U.S. 235, 49 S.Ct. 115, 116, 73 L.Ed. 287, 60
A.L.R. 596.
Business Agent
Agent having some general supervision over general affairs. Rorick v. Stilwell, 101 Fla. 4, 133 So. 609, 615.
Business Compulsion
Species of duress. Marrazzo v. Orino, Wash., 194 Wash. 364, 78 P.2d 181, 186.
Business Corporation
A corporation organized for the purpose of carrying on a business for profit. City of St. Louis v. Smith, 325 Mo. 471, 30 S.W.2d 729, 731.
Business Course
A course such as is usually taught by business or commercial schools and colleges. Union Nat. Bank v. Kirby, 189 Ark. 369, 72 S.W.2d 229, 230.
Business Done in State
Business begun and completed or ended in state. Clark v. Atlantic Pipe Line Co., Tex.Civ.App., 134 S.W.2d 322, 328.
Business Enterprise
Investment of capital, labor and management in an undertaking for profit; one of the recognized attributes is centralized management and control. Helvering v. Jewel Mining Co., C.C.A.8, 126 F.2d 1011, 1015.
Business Gains
Gains from sale, exchange, or other disposition of property used in business. Fackler v. Commissioner of Internal Revenue, C.C.A.6, 133 F.2d 509, 512.
Business Hours
In general those hours during which persons in the community generally keep their places open for the transaction of business. Casalduc v. Diaz, C.C.A.Puerto Rico, 117 F.2d 915, 916.
In respect to the time of presentment and demand of bills and notes, business hours generally range through the whole day down to the hours of rest in the evening, except when the paper is payable at a bank or by a banker; Cayuga County Bank v. Hunt, 2 Hill, N.Y., 635. See Lunt v. Adams, 17 Me. 230.
An order allowing a stockholder to examine the books of a corporation "during business hours" does not mean that such examination be carried on throughout the entire business day, nor in the nighttime. Breslauer v. S. Franklin & Co., 205 Ill. App. 372, 374.
Business League
An association is a business league if persons thereof have some common business interest. Underwriters' Laboratories v. Commissioner of Internal Revenue, C.C.A.7, 135 F.2d 371, 374.
Business Losses
Losses from sale, exchange, or other disposition of property used in trade or business. Fackler v. Commissioner of Internal Revenue, C.C.A.6, 133 F.2d 509, 512.
Business Name
Trade-name, business name and commercial name as synonymous. Plum v. Siekmann, 135 Neb. 101, 280 N.W. 264, 268.
Business of Peddling
Business of one relying on present solicitation of chance patrons for purchases of uncertain quantities and making concurring deliveries. National Baking Co. v. Zabel, 227 Wis. 93, 277 N.W. 691, 693.
Business of Public Character
Business wherein person engaged expressly or impliedly holds himself out as engaged in business of supplying his product or service to public as a class or to limited portion of public. Masgai v. Public Service Commission of Pennsylvania, 124 Pa.Super. 370, 188 A. 599, 600.
Business of Same Nature
Business of like character. Rahoutis v. Unemployment Compensation Commission, 171 Or. 93, 136 P.2d 426, 434.
Business of Similar Nature
Business of analogous nature. Bedford v. Johnson, 102 Colo. 203, 78 P.2d 373, 376.
Business of the Community
A business in which a husband is engaged is prima facie the business of the community. Bird v. Steele, 74 Wash. 68, 132 P. 724, 725.
Business Pertaining to His Occupation
Duty pertaining to his occupation as synonym. Doherty v. American Employers' Ins. Co. of Boston, Mass., 112 N.J.Law, 52, 169 A. 652, 653.
Business Situs
A situs acquired for tax purposes by one who has carried on a business in the state more or less permanent in its nature. Endicott, Johnson & Co. v. Multnomah County, 96 Or. 679, 190 P. 1109, 1111. A situs arising when notes, mortgages, tax sale certificates and the like are brought into the state for something more than a temporary purpose, and are devoted to some business use there and thus become incorporated with the property of the state for revenue purposes. Lockwood v. Blodgett, 106 Conn. 525, 138 A. 520, 525. A situs arising where possession and control of property right has been localized in some independent business or investment away from owner's domicile so that its substantial use and value primarily attach to and become an asset of the outside business. State v. Atlantic Oil Producing Co., 174 Oki. 61, 49 P.2d 534, 538.
Business Trust
As distinguished from a joint-stock company, a pure "business trust" is one in which the managers are principals, and the shareholders are cestuis que trust. Betts v. Hackathorn, 159 Ark. 621, 252 S.W. 602, 604, 31 A.L.R. 847. The essen-
tial attribute is that property is placed in the hands of trustees who manage and deal with it for use and benefit of beneficiaries. Morriss v. Finkelstein, Mo.App., 127 S.W.2d 46, 49. A "Massachusetts trust" or "common law trust," In re Conover's Estate, 295 Ill.App. 443, 14 N.E.2d 980, 985.
Business Visitor
One who is invited or permitted to enter or remain upon the premises of another for a purpose directly or indirectly connected with the business dealings between them, Kurre v. Graham Ship by Truck Co., 136 Kan. 356, 15 P.2d 463, 465. One who comes on land at occupant's instance for purposes connected with purpose, business, or otherwise, for which occupant uses land, Haefeli v. Woodrich Engineering Co., 255 N.Y. 442, 175 N.E. 123, 125.
Farming Business
See Farming Business.
Private Business or Enterprise
One in which capital, time, attention, labor, and intelligence have been invested for gain and profit for private benefit, purposes and use. Green v. Frazier, 44 N.D. 395, 176 N.W. 11, 17.
Public Business
An element is that the business by its nature must be such that the public must use the same, or the commodities bought and sold in such manner as to affect the community at large as to supply, price, etc. Consumers' Light & Power Co. v. Phipps, 120 Okl. 223, 251 P. 63, 64.
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AFFECTED WITH A PUBLIC INTEREST
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