Wachtel v. Noah Widows & Orphans' Benevolent Society
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made November 18, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made November 18, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought by plaintiff, as administratrix of David Wachtel, deceased, against defendant, a benevolent association, organized under the laws of the State of New York, to recover the sum of - $560, which defendant, by its constitution, agreed to pay, upon the death of a member, to his personal representatives. The…
1Opinion of the CourtDanforth, J.
It is well settled that an association whose members become entitled to privileges or rights of property therein cannot exercise its power of expulsion without notice to the person charged, or without giving him an opportunity to be heard. (Ang. & Ames on Corp., § 420; People ex rel. Bartlett v. Med. Soc., 32 N. Y. 187; Com. v. Penn. Ben. Ins., 2 Serg. & R. 141; Innes v. Wylie, 1 C. & K. 257). This general rule of law is recognized by the defendant’s by-law as applicable to one who from any cause should fail to pay his monthly contribution. It is in these words: “ The financial secretary…
2Cases cited1 opinion
- People Ex Rel. Bartlett v. Medical Society of ErieNew York Court of Appeals · 1865
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- Taboada v. Sociedad Espanola De Beneficencia MutuaCalifornia Supreme Court · 1923
- Grand Grove of United Ancient Order of Druids v. Garibaldi Grove, No. 71, of the United Ancient Order of DruidsCalifornia Supreme Court · 1894
- Jackson v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1891
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