Unkovich v. N.Y. Cent. R. Co.

• Decision Date: 15 November 1933
• Parties: UNKOVICH et al. v. NEW YORK CENT. R. CO. et al.
• Court: New Jersey Court of Chancery

168 A. 867

UNKOVICH et al.

v. NEW YORK CENT. R. CO. et al.

Court of Chancery of New Jersey.

Nov. 15, 1933.

Syllabus by the Court.

1. A suit will lie in equity against an unincorporated trade union association in its established name.

2. Service of a subpoena ad respondendum within this state upon a business agent of an unincorporated trade union association carrying on its business in New York and New Jersey, designated in such association's constitution and by-laws as one of its officers, is adequate service upon said association when sued in its established name.

Action by Anthony Unkovich and others against the New York Central Railroad Company and the Lighter Captains' Union of the Port of New York and Vicinity, Local 896, International Longshoremen's Association. On motion of the last-named defendant to set aside service of subpoana, and to dismiss bill.

Order in accordance with opinion.

Saul Nemser, of Jersey City, for the motion.

Pesin & Pesin, of Jersey City, opposed.

FALLON, Vice Chancellor.

Upon appropriate application therefor, an order was made granting leave to the defendant, Lighter Captains' Union of the Port of New York and Vicinity, Local 996, International Longshoremen's Association, to appear specially herein to interpose objection to the court's jurisdiction over said defendant. Motion is made, not only to set aside the service of process, but also to dismiss the bill of complaint as to said defendant. It is proper practice to apply ex parte or file a petition for leave to appear specially to contest the jurisdiction of the court. The defendant has a clear right to demand in limine the judgment of the court as to whether it should answer the complainants' bill. Fraxam Amusement Corp. v. Skouras Theatre Corp., 113 N. J. Eq. 512, 167 A. 672; Wilson v. American Palace Car Co., 65 N. J. Eq. 730, 55 A. 997; Puster v. Parker Mercantile Co., 70 N. J, Eq. 771, 67 A. 1102; Spoor-Thompson Machine Co. v. Bennett Film Laboratories, 105 N. J. Eq. 108, 112, 147 A. 202. The defendant, New York Central Railroad Company, has already filed its answer to complainants' bill. Counsel for the defendant association concedes that numerous members, including some of its officers and its business agent, are residents of New Jersey. Subpoena ad respondendum issued in the above-entitled cause was served by the sheriff of the county of Hudson on Howard Forbes, business agent of said defendant, at his residence in Union City. It is conceded herein that business agent is one of the officers provided for in defendant's constitution and bylaws. The bill of complaint manifests that the defendant association carries on its business in New Jersey as well as in New York.

Counsel for said defendant urged in argument that the court was without jurisdiction for the reasons (1) that defendant is a New York unincorporated association; (2) that defendant, which is an unincorporated trade union association, cannot be sued in this court. Both reasons are without merit. I am of the opinion that said defendant may be sued in this court in its established name, and that by the service of process upon its business agent, as...