People ex rel. State Board of Charities v. New York Society for the Prevention of Cruelty to Children
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 7, 1899, affirming in part and reversing in part an order of Special Term granting a peremptory writ of mandamus. The facts, so far as material, are stated in the opinions. The society is not a “ charitable ” institution within the meaning of the Constitution and laws. The true character of a corporation must necessarily be determined by its charter.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 7, 1899, affirming in part and reversing in part an order of Special Term granting a peremptory writ of mandamus. The facts, so far as material, are stated in the opinions. The society is not a “ charitable ” institution within the meaning of the Constitution and laws. The true character of a corporation must necessarily be determined by its charter. (N. Y. F. Ins. Co. v. Ely, 2 Cow. 678; Jemison v. C. S. Bank, 122 N. Y. 135; People ex rel. v. U. Ins. Co., 15 Johns., 357; Brisay…
1Opinion of the CourtO’Brien, J.
On the application of the relator, the state board of charities, the courts below have awarded a peremptory mandamus commanding the defendant to permit the relator to visit the buildings and grounds and to inspect the books and papers of the former and to give full information concerning the operations of the society and to comply with the rules and regulations of the board in the management of its corporate affairs. The question presented by this appeal is whether there was power in the courts to award the writ.
The state board of charities asserts that the defendant is sub*238ject to visitation,…
2Cases cited1 opinion
- People Ex Rel. New York Institution for the Blind v. FitchNew York Court of Appeals · 1897
3Cited by20 opinions
- Nicchia v. New YorkSupreme Court of the United States · 1920
- Fox v. Mohawk & Hudson River Humane SocietyNew York Court of Appeals · 1901
- Paige v. State of New YorkNew York Court of Appeals · 1936
- Claughton v. JohnsonWyoming Supreme Court · 1934
- Matter of Sharon B.New York Court of Appeals · 1988
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