Schwartz v. Cigar Makers Int'l Union

• Decision Date: 20 July 1922
• Docket Number: No. 2.,2.
• Citation: 189 N.W. 55,219 Mich. 589
• Parties: SCHWARTZ et al. v. CIGAR MAKERS INTERNATIONAL UNION et al.
• Court: Michigan Supreme Court

219 Mich. 589

189 N.W. 55

SCHWARTZ et al.

v.CIGAR MAKERS INTERNATIONAL UNION et al.

No. 2.

Supreme Court of Michigan.

July 20, 1922.

Appeal from Circuit Court, Wayne County, in Chancery; George O. Driscoll, Judge.

Suit for injunction by Bernard Schwartz and others, copartners, as Bernard Schwartz & Sons, against the Cigar Makers' International Union and others, in which defendants filed a cross-bill, seeking specific performance of a contract. Decree for defendants, and complainants appeal. Reversed, and complainants granted relief demanded.

Argued before FELLOWS, C. J., and WIEST, McDONALD, CLARK, BIRD, SHARPE, MOORE, and STEERE, JJ.Benjamin & Betzoldt, of Detroit (J. O. Murfin, of Detroit, of counsel) for appellants.

Beckenstein & Wienner, of Detroit, for appellees.

CLARK, J.

Plaintiffs, manufacturers of cigars, filed this bill to enjoin picketing by defendants, striking employees. The unions into which the employees were organized were also made defendants. Defendants filed a cross-bill seeking specific performance of a claimed agreement for hiring between the parties. Defendants had decree.

The facts are stated sufficiently in Schwartz v. Wayne Circuit Judge, 217 Mich. 384, 186 N. W. 522, and it follows from what we there said that defendants are not entitled to relief on their cross-bill. And under the following authorities plaintiffs should have had decree: Beck v. Railway Teamsters Protective Union, 118 Mich. 497, 77 N. W. 13,42 L. R. A. 407, 74 Am. St. Rep. 421;Ideal Mfg. Co. v. Wayne Circuit Judge, 139 Mich. 92, 102 N. W. 372;Ideal Mfg. Co. v. Ludwig, 149 Mich. 133, 112 N. W. 723,119 Am. St. Rep. 656;Escanaba Mfg. Co. v. Labor Council, 160 Mich. 656, 125 N. W. 709;Baldwin v. Liquor Dealers Ass'n, 165 Mich. 98, 130 N. W. 214;Baltic Mining Co. v. Circuit Judge, 177 Mich. 632, 144 N. W. 209;In re Langell, 178 Mich. 305, 144 N. W. 841,50 L. R. A. (N. S.) 412;Clarage v. Luphringer, 202 Mich. 612, 168 N. W. 440;American Steel Foundries v. Tricity Central Trades Council, 257 U. S. 184, 42 Sup. Ct. 72, 66 L. Ed.189.

Reversed. Plaintiffs may have decree for the relief they prayed with costs.