128 Mo. App. 690 | Mo. Ct. App. | 1908
(after stating the facts)) — “Any combination, no matter how lawful its origin nor hoAV praiseworthy its objects, which turns aside for the moment from its legitimate pursuits and agrees upon a course of conduct for the sole purpose of inflicting injury upon a third party, becomes at that instant a civil conspiracy, and all damages sustained may be recovered.” [1 Eddy on Combinations, sec. 480.]
Carew v. Rutherford, 106 Mass. 1, was an action brought by plaintiff against members of the Journeymen Freestone Cutters’ Association, a labor union, to recover back money Avhich had been paid under an apprehension that the defendants would induce his labor
In March v. Bricklayers’ & Plasterers’ Union, 4 L. R. A. (N. S.) 1198, March was fined $100 for violating an alleged agreement not to sell or deliver bricks to masons classed as “unfair” by the Union. There was no such agreement,, but under an apprehension that a threat by defendant,, to stop the erection of a building for which he was furnishing the brick, would be carried out, plaintiff paid the fine of $100. At pages 1201-2, the court said: “The consequences which would flow to the plaintiff from it, if taken, were such as might well excite in him a reasonable apprehension of serious injury. To the pressure thus brought to bear upon him he yielded and paid the sum exacted. There is nothing in the record to relieve this picture. It does not improve it to say that the defendants were seeking to enforce a penalty or to collect damages assessed. They had no right to inflict a penalty upon or assess' damages against this man, who owed them no duty through asso
If the $200 was assessed by the two Unions as a fine against plaintiff, or if it was demanded for the purpose of reimbursing the Unions for making an investigation of plaintiff’s contracts, then, according to the above authorities, the Unions stepped aside for the moment from their legitimate pursuits for the sole purpose of inflicting injury upon plaintiff, and were guilty of a civil conspiracy; and if plaintiff was coerced, to pay the $200 in order to continue his business, he is entitled to recover the damages resulting from the unlawful act and may recover of any one and from two or more of the persons who confederated together to injure him. [1 Eddy on Combinations, sec. 468.] But there is no evidence in the record showing, or tending to show, that plaintiff was compelled to pay the $200, or abandon the performance of his contracts; from aught that appears from the evidence, he might have employed other plumbers to do his work. Those in his employ had the right to quit work at any time and for any cause, or without cause, and plaintiff is not entitled to recover merely because they did quit on the call of their unions. He was not damaged unless the $200 was coerced from him, and he was not coerced, if he could have employed other plumbers to do his work. He made no effort to employ others, but submitted to the demand of the unions and