Markle v. Local Union No. 641 of the Int'l Bhd. of Teamsters, Chauffeurs, Stablemen & Helpers of Am.

• Decision Date: 03 February 1941
• Docket Number: No. 249.,249.
• Citation: 129 N.J.Eq. 32,17 A.2d 783
• Parties: MARKLE v. LOCAL UNION NO. 641 OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, STABLEMEN AND HELPERS OF AMERICA et al.
• Court: New Jersey Supreme Court

17 A.2d 783

129 N.J.Eq. 32

MARKLE

v. LOCAL UNION NO. 641 OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, STABLEMEN AND HELPERS OF AMERICA et al.

No. 249.

Court of Errors and Appeals of New Jersey.

Feb. 3, 1941.

Syllabus by the Court.

The record examined indicates a proper exercise of discretion in ordering inspection of union books.

Appeal from Court of Chancery.

Suit by Joseph Markle, in his own behalf and in behalf of others similarly situate, against Local Union No. 641 of International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, and others, alleging fraudulent mismanagement of the affairs of the defendant union by its officers and seeking appointment of a receiver. From an order for inspection and custody of certain books, defendants appeal.

Affirmed.

Burke, Sheridan & Hourigan and John H. Sheridan, all of Union City, for appellants.

Isidore Hornstein, of Jersey City, for respondent.

PER CURIAM.

The complainant, alleging himself to be a member of the defendant union and in his own behalf and in behalf of all others similarly situated, filed a bill in the Court of Chancery alleging fraudulent mismanagement of the affairs of the defendant union by its officers and by those pretending that they were such. He sought the appointment of a receiver.

An amended answer denied complainant's membership and joined issue on many of the allegations of the bill which are not necessary for our determination of the present case, which is an appeal from an order directing the proper officers of the union to present to a master in chancery named in the order for inspection and custody the following books of the union:

"1. Ledgers for the period, September 1st, 1936, to date.

"2. Day books showing receipts of dues for the years September 1st, 1936, to date.

"3. Receipt and expense books for the period September 1st, 1936, to date.

"4. Minute books from September 1st, 1936, to date.

"5. Check books and cancelled checks from September 1st, 1936, to date.

"6. Original initiation blanks showing the names of the various persons proposed for membership and initiated for the period September 1st, 1936, to date.

"7. Original vouchers signed by the president and recording secretary and against which checks were drawn for the period September 1st, 1936, to date."

The petition on which the order for inspection and custody was entered was duly verified. It shows a sufficient basis for the action taken. An order in ...