128 N.Y.S. 157 | N.Y. App. Div. | 1911
The Building Trades Employers’ Association of the city of Yew York was organized, according to its constitution, “ to foster the interests of those engaged in the erection and construction- of buildings and other structures, to reform abuses relating to the business of persons so engaged, to secure freedom from unjust and unlawful exactions, to obtain and diffuse accurate and reliable information as
This court has held in Farrelly v. Schaettler (121 App. Div. 678) that the obligation subsisting under the application for the bond and the agreement for indemnity therein contained was personal to the defendant, and that she had no power to bind her husband’s, estate to such an obligation, which was quite outside the valid execution of the power given her by his will to continue his business. It was also held in McCord v. Thompson-Starrett Co. (129 App. Div. 130; affd., without opinion, 198 N. Y. 587) that circular letter 87a was. against public policy, illegal and void (citing Curran v. Galen, 152 N. Y. 33, and Jacobs v. Cohen, 183 id. 207), but that circular letter 76 was a valid exercise of the powers of the association. The trial, forfeiture and expulsion having been had for a violation of both these circular letters 76 and 87a, and 87a having been adjudged to be void, the expulsion can be sustained only if the member "violated letter 76. Full compliance was had with this at the time designated. Defendant’s liability can, therefore, be predicated only on the subsequent re-employment of the brotherhood carpenters as an act in violation of the requirements of letter 76. We think it cannot be so regarded. Had the workmen when re-employed been engaged in business relating to the building trade industry, a different question might be presented. But here they were engaged only in making furniture, a business
The judgment dismissing the complaint is, therefore, correct and should be affirmed, with costs to the respondent.
Clarice, McLaughlin, Laughlin and Scott, JJ., concurred.
Judgment affirmed, with costs.