Ray v. Powers
Massachusetts Supreme Judicial Court
Bill in equity, by certain members of the New England Pigeon and Bantam Society, a voluntary association, against Lewis J. Powers and Charles S. Lincoln, to compel the defendants, as members of the society, to contribute their respective proportions of the amount of money lost on account of a public exhibition of the society, which loss the plaintiffs have been obliged to pay, and have paid in full.
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Bill in equity, by certain members of the New England Pigeon and Bantam Society, a voluntary association, against Lewis J. Powers and Charles S. Lincoln, to compel the defendants, as members of the society, to contribute their respective proportions of the amount of money lost on account of a public exhibition of the society, which loss the plaintiffs have been obliged to pay, and have paid in full. At the hearing before W. Allen, J., William G. White, one of the plaintiffs and the treasurer of the society, testified substantially as follows: The New England Pigeon and Bantam Society was…
1Opinion of the CourtC. Allen, J.
This bill was dismissed on the ground that the evidence was not competent and sufficient to maintain it. But, upon consideration, we think the evidence might have warranted a decision for the plaintiffs, as against both of the defendants. It is true that neither the constitution nor the by-laws of the society provide for holding exhibitions with premiums, or for any further liability on the part of the members than for the payment of the initiation fee and annual assessment. But it was not inconsistent with the purposes of the society, as shown by the constitution, to hold exhibitions and…
2Cases cited1 opinion
- Newell v. BordenMassachusetts Supreme Judicial Court · 1879
3Cited by8 opinions
- Sweetman v. BarrowsMassachusetts Supreme Judicial Court · 1928
- Quintin v. MagnantMassachusetts Supreme Judicial Court · 1934
- Putnam v. MisochiMassachusetts Supreme Judicial Court · 1905
- Ashley v. DowlingMassachusetts Supreme Judicial Court · 1909
- Willcox v. ArnoldMassachusetts Supreme Judicial Court · 1895
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