Interference with Contracts and Business in New YorkHarvard law review association, 1904 - 443 pages |
Common terms and phrases
aff'd aff'g agreement boycott Chrystie coercion compel the plaintiff conspiracy Coons Cornwell Cumming Curran Daly damage Davis Machine defamatory or false employer employment enticement entreaty Evarts Foster Galen held actionable Hun N. Y. induce the breach injury interference with contracts jobbers Johnston Harvester join the defendants justifiable ends justifies the means labor union lawful means malice Meinhardt 1880 Mills motive or justification N. Y. App N. Y. Cr N. Y. Misc N. Y. St N. Y. Supp National Protective Ass'n non-actionable to induce non-formation of contracts numbers Park & Sons Penal Code persons picketing and persuasion plaintiff's discharge plaintiff's members Protective Ass'n 1902 question of motive rebate Reform Club refuse result Retail Clerks Reynolds Rogers sell Shankland 1901 Sinsheimer Statute of Frauds termination or non-formation threat tion tort U. S. Printing United Engineers 1898 United Garment Workers unjustifiable motive unlawful act unlawful means unlawful to induce wages Wunch York
Popular passages
Page 430 - No conspiracy is punishable criminally unless it is one of those enumerated in the last two sections, and the orderly and peaceable assembling or co-operation of persons employed in any calling, trade or handicraft for the purpose of obtaining an advance in the rate of wages or compensation, or of maintaining such rate, is not a conspiracy.
Page 436 - ... or to restrict that freedom, and, through contracts or arrangements with employers, to coerce other workingmen to become members of the organization and to come under its rules and conditions, under the penalty of the loss of their position and of deprivation of employment, then that purpose seems clearly unlawful, and militates against the spirit of our government and the nature of our institutions.
Page 429 - ... signify that the doers employ violence, intimidation or other unlawful coercive means, but that it may be correctly used in the sense of the act of a combination in refusing to have business dealings with another until he removes or ameliorates conditions which are deemed inimical to the -welfare of the members of the combination, or some of them, or grants concessions which are deemed to make for that purpose. And as such a combination may be formed and held together by argument, persuasion,...
Page 429 - Whatever one man may do alone, he may do in combination with others, provided they have no unlawful object in view. Mere numbers do not ordinarily affect the quality of the act.
Page 438 - It would always be a question of fact for the jury whether an act otherwise legal was committed with an evil intent. The step should not be taken unless justified by clear weight of authority, and I am not willing to hold that a request not to patronize a certain dealer may be legal if made by a person in one state of mind or holding one relation to him and illegal in another.
Page 436 - I do not assent to this proposition, although there is authority for it. It seems to me illogical and little short of absurd to say that the everyday acts of the business world, apparently within the domain of competition, may be either lawful or unlawful according to the motive of the actor.
Page 437 - ... for on review the answer would be, " A man may threaten to do that which the law says he may do, provided that, within the rules laid down in those cases, his motive is to help himself.
Page 428 - ... the employer's place of business and strive by reason, argument and proper appeal to win over those who have taken their places; but such picketing, argument, reasoning and entreaty must not be so carried on as to amount, in effect, to intimidation, threats, coercion or force. Even persuasion and entreaty may be used in such a manner, with such persistency and with such environment, as to constitute intimidation.
Page 430 - The law at this time, as it has for many years in this state, has made it a misdemeanor for two or more persons to conspire " to commit any act injurious to the public health, to public morals or to trade or commerce, or for the perversion or obstruction of justice, or of the due administration of the law.
Page 440 - And whenever the courts can see that a refusal of members of an organization to work with nonmembers may be in the interest of the several members, it will not assume, in the absence of a finding to the contrary, that the object of such refusal was solely to gratify malice, and to inflict injury upon such nonmembers.