American President Lines, Ltd. v. King

New York Court of Appeals
American President Lines, Ltd. v. King, 304 N.Y. 708 (N.Y. 1952)
107 N.E.2d 654; 1952 N.Y. LEXIS 913; 30 L.R.R.M. (BNA) 2439

American President Lines, Ltd. v. King

Opinion of the Court

■ Judgment affirmed, with costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Dye, Fuld and Feoessel, JJ. Desmond, J., dissents in the following memorandum: 1 dissent and vote to reverse and to dismiss the complaint, for these reasons: This picketing may have been unfair and ill-advised, but it was not disorderly or untruthful, it violated no statute or declared public policy, and it was of a kind that has been expressly held, on many occasions, not to be subject to injunction (Stillwell Theatre v. Kaplan, 259 N. Y. 405, 412; Edjomac Amusement Corp. v. Empire State Motion Picture Operators' Union, 273 N. Y. 647; see Dinny & Robbins v. Davis, 290 N. Y. 101). However much we, as individuals, may deplore the conduct complained of, we cannot make an ad hoc declaration of new public policy to prohibit it (Glaser v. Glaser, 276 N. Y. 296, 302; Matter of Rhinelander, 290 N. Y. 31, 36). Not sitting: Conway, J.

Reference

Full Case Name
American President Lines, Ltd., and Pope & Talbot, Incorporated, Intervener v. Charles King, Individually and as an Officer of the Brotherhood of Marine Engineers
Cited By
1 case
Status
Published