Master Stevedores' Ass'n v. Walsh
New York Court of Common Pleas
This was a demurrer to the complaint, on the ground that it did not state fact's sufficient to constitute a cause of action. The plaintiffs are a corporation of which the defendant is a member, and is, as its name imports, an association of master stevedores.
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This was a demurrer to the complaint, on the ground that it did not state fact's sufficient to constitute a cause of action. The plaintiffs are a corporation of which the defendant is a member, and is, as its name imports, an association of master stevedores. The association, adopted a by-law or “ pledge ” to the effect that there, should be no variation from the prices adopted by the association, and that, if any member, after an investigation by a committee, should be found guilty of working for less than the prices fixed, he should forfeit to the association twenty-five per cent, of the…
1Opinion of the Court
Daly, F. J.
The complaint is demurred to upon the ground that no action lies upon the facts stated, the specific objection raised by the demurrer being that the by-law is illegal, because *3the object it is designed to effect is one that is forbidden by law, and that no action can consequently be maintained upon it.
It is declared by the Rev. Stat. (vol. 1, p. 691, §§ 8 and 9), that it shall be unlawful for two or inore persons to conspire to commit any act injurious to trade or commerce, and that the persons so conspiring shall be deemed guilty of a misdemeanor. In the People v. Fisher (14 Wend.…
2Cases cited4 opinions
- People v. FisherNew York Supreme Court · 1835
- In re the election of Directors of the Long Island RailroadNew York Supreme Court · 1837
- Chappel v. BrockwayNew York Supreme Court · 1839
- Lawrence v. KidderNew York Supreme Court · 1851
3Cited by31 opinions
- National Labor Relations Board v. Allis-Chalmers Manufacturing Co.Supreme Court of the United States · 1967
- Beck v. Railway Teamsters' Protective UnionMichigan Supreme Court · 1898
- Queen Insurance v. StateTexas Supreme Court · 1893
- Lohse Patent Door Co. v. FuelleSupreme Court of Missouri · 1908
- United States v. Trans-Missouri Freight Ass'nCourt of Appeals for the Eighth Circuit · 1893
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