Legal Opinion

P. Reardon, Inc. v. Caton

Appellate Division of the Supreme Court of the State of New York

Decided November 21, 1919PublishedCited by 11 opinions

Appeal by the defendants, Daniel Caton, individually, and as president, etc., and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 16th day of June, 1919, continuing, pendente lite, an injunction which was originally granted ex parte on May 7, 1919, and which restrained the defendants from practicing any discrimination against the plaintiff in the receipt or delivery of…

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Appeal by the defendants, Daniel Caton, individually, and as president, etc., and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 16th day of June, 1919, continuing, pendente lite, an injunction which was originally granted ex parte on May 7, 1919, and which restrained the defendants from practicing any discrimination against the plaintiff in the receipt or delivery of freight and merchandise trucked by plaintiff. The controversy which is the subject of this litigation took place in the…

1Opinion of the Court

Kelly, J.:

We are concerned, on this appeal, solely with the question of the legality and propriety of the preliminary injunction issued in this action, originally without notice and continued after argument.

The wrongdoing charged by the plaintiff corporation against the defendant labor unions and the individual defendants members thereof, is the formulating of a plan to compel the plaintiff to unionize its employees, and that in pursuance of such plan the defendants have declared a boycott against the plaintiff by refusing to handle the freight or merchandise carried on or called for by the…

2Cases cited5 opinions

  1. National Protective Ass'n of Steam Fitters & Helpers v. CummingNew York Court of Appeals · 1902
  2. Bossert v. . DhuyNew York Court of Appeals · 1917
  3. Auburn Draying Co. v. . WardellNew York Court of Appeals · 1919
  4. Paine Lumber Co. v. NealSupreme Court of the United States · 1915
  5. Mills v. United States Printing Co.Appellate Division of the Supreme Court of the State of New York · 1904

3Cited by11 opinions

  1. Duplex Printing Press Co. v. DeeringSupreme Court of the United States · 1921
  2. Burgess Bros. v. StewartNew York Supreme Court · 1920
  3. Willson & Adams Co. v. PearceAppellate Division of the Supreme Court of the State of New York · 1933
  4. Burgess Bros. v. StewartNew York Supreme Court · 1921
  5. Burgess Bros. v. StewartAppellate Division of the Supreme Court of the State of New York · 1920

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