Chapman v. Doe

255 A.D. 893 · Appellate Division of the Supreme Court of the State of New York · Nov 2, 1938

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J. J. Chapman v. John Doe, True Name Unknown, as President, C. B. Wessels, Individually and as Business Agent and Secretary and Treasurer of Chauffeurs Union, Local No. 693, of the International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers, and E. E. Cross, Individually, and as Business Agent or Manager, or Other Officer, of Chauffeurs Union, Local No. 693, of the International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers, Appellants John J. Sweeney v. John Doe, True Name Unknown, as President, C. B. Wessels, Individually and as Business Agent and Secretary and Treasurer of Chauffeurs Union, Local No. 693, of the International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers, and E. E. Cross, Individually, and as Business Agent or Manager, or Other Officer, of Chauffeurs Union, Local No. 693, of the International Brotherhood of Teamsters Chauffeurs, Stablemen and Helpers

— Plaintiffs sold union-made beer, which they purchased from a Binghamton bottling corporation. The defendants asserted the right to picket the restaurants conducted by the two plaintiffs, upon the ground that the beer was delivered in a truck driven by a chauffeur who was not a member of the Chauffeurs Union, of which a majority of the chauffeurs in the vicinity belonged. This is a secondary boycott, and not within the protection of the statutes of the State. Order affirmed, with ten dollars costs and disbursements. Hill, P. J., Rhodes, McNamee and Crapser, JJ., concur; Bliss, J., dissents.