Appellate Division of the Supreme Court of New York, 1938

Chapman v. Doe

Chapman v. Doe
Appellate Division of the Supreme Court of New York · Decided November 2, 1938
255 A.D. 893; 7 N.Y.S.2d 470; 3 L.R.R.M. (BNA) 763; 1938 N.Y. App. Div. LEXIS 5777
Chapman v. Doe

Opinion of the Court

— 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.

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