Paul v. Mencher
Jerome Paul, Doing Business under the Firm Name and Style of Furrier Paul v. Sam Mencher, as President, or Harry Begoon, as Treasurer, of Furriers Joint Council of New York, an Unincorporated Association of Seven or More Members, etc.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Schmuck, J.
Judgment for plaintiff. There is no labor dispute as defined by statute between the parties hereto. It is the prerogative of any business man, with or without reason, to continue or discontinue in business, to change, alter or modify the nature of his business as he sees fit without necessity of explanation or excuse to any one. When the plaintiff elected to discontinue his factory no one was privileged to complain even though it was done deliberately to avoid a labor dispute. It may be unfortunate and regrettable that because of such decision willing workers are rendered idle and unhappy. When the question* of the legality of an act is alone involved, the law is indifferent to the result thereof. If plaintiff had the right to close down his factory the fact that a number of people are foreclosed of employment cannot govern or limit the exercise of that right by him. (Thompson v. Boekhout, 273 N. Y. 390 .) While it is probable that plaintiff suffered damage by the conduct of the pickets and their interference with patrons, proof of loss is so chimerical as to deny any allowance of the claim therefor. Since there is no labor dispute there is no need to consider whether compliance with section 876-a of the Civil Practice Act has been had, as that is not an issue. Submit findings and judgment.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 11 cases
View all citing references →Relies on it most ⓘ
- National Labor Relations Board v. Adkins Transfer Company, Inc.
- Hoyt-Bedford Co. v. Connecticut State Board of Labor Relations
- Tarr v. Amalgamated Ass'n of Street Electric Ry. & Motor Coach Employees
- Sloan v. Journal Publishing Co.
- Adams Dairy Co. v. Dairy Employees Union, Local 207
- Browning King Co. of Ny, Inc. v. Local 195
Most recent
- Fein Can Corp. v. Pastor
- Hoyt-Bedford Co. v. Connecticut State Board of Labor Relations
- Sloan v. Journal Publishing Co.
- National Labor Relations Board v. Adkins Transfer Company, Inc.
- Browning King Co. of Ny, Inc. v. Local 195
- Willoughby Camera Stores, Inc. v. District No. 15, International Association of Machinists
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.