Legal Opinion

McCord v. Thompson-Starrett Co.

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

Decided December 11, 1908PublishedCited by 21 opinions

• Appeal by the defendants, the Thompson-Starrett Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of March, 1908, upon the decision of the court rendered after a trial at the New York Trial Term, a jury having been waived.

1Opinion of the Court

Scott, J.:

We would find no difficulty in affirming this judgment if the Building Trades Employers’ Association had gone no further than to order a general “lock out” of the members of the Brotherhood of Carpenters.

The communication of September 22, 1904, however, does go *131farther, and instructs the members of the association that no men may be set to work, or retained at work, who do not at once join a particular labor union, the Greater New York Carpenters’Union.

This requirement, if it is to be considered as the act of the association, was against public policy, illegal and void. (Curran v.…

2Cases cited1 opinion

  1. Curran v. . GalenNew York Court of Appeals · 1897

3Cited by21 opinions

  1. Dyer Bros. I. Wks. v. Central I. Wks.California Supreme Court · 1920
  2. Dyer Bros. Golden W. Iron Works v. Cent. Iron WorksCalifornia Supreme Court · 1920
  3. Barns v. Dairymen's League Cooperative Ass'nAppellate Division of the Supreme Court of the State of New York · 1927
  4. Grassi Contracting Co. v. BennettAppellate Division of the Supreme Court of the State of New York · 1916
  5. Lehigh Structural Steel Co. v. Atlantic Smelting & Refining WorksNew Jersey Court of Chancery · 1920

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