American President Lines, Ltd. v. King — 304 N.Y. 708

Majority

p. 708

American President Lines, Ltd., Respondent, and Pope & Talbot, Incorporated, Intervener, Respondent, v. Charles King, Individually and as an Officer of the Brotherhood of Marine Engineers, et al., Appellants.

Argued May 22, 1952;

decided July 15, 1952.

p. 710

Seymour W. Miller, Louis B. Heller, Harry Heller and Max M. Bernstein for appellants.

William G. Symmers and David H. Batchelder, Jr., for respondents.

■ 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.

Cases cited

Stillwell Theatre, Inc. v. Kaplan 259 N. Y. 405 N.Y. 1932-07-19 at 412 p. 710
Edjomac Amusement Corp. v. Empire State Motion Picture Operators' Union, Inc. 273 N. Y. 647 N.Y. 1937-04-20 p. 710
Dinny & Robbins, Inc. v. Davis 290 N. Y. 101 N.Y. 1943-03-04 p. 710
Glaser v. Glaser 276 N. Y. 296 N.Y. 1938-01-11 at 302 p. 710
In re the Accounting of Rhinelander 290 N. Y. 31 N.Y. 1943-03-04 at 36 p. 710