SCHIMMEL v. MESSING


306 N.Y. 841 (1954)

Isidore Schimmel, Individually and as a Member of Waiters and Waitresses Union, Local No. 2, an Unincorporated Association, and on Behalf of All Other Members of Said Union, Similarly Situated, and in the Rights of Said Union, Appellant, v. Nat Messing et al., Respondents.

Court of Appeals of the State of New York.

Decided March 11, 1954


Attorney(s) appearing for the Case

Morris Shapiro and Marcus D. Grayck for appellant.

George Rosling for respondents.

LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur.


Per Curiam.

There is evidence to sustain the findings that the dinner was "privately sponsored" and that its object and purpose — to raise money to be divided between Nat Messing and Edward Hoffman "to purchase homes" or "give them security for the future" — was communicated to the members of the union and to the purchasers of the dinner tickets and advertising space in the souvenir journal. Without such...

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