Legal Opinion

Cohen v. . Thomas

New York Court of Appeals

Decided November 18, 1913PublishedCited by 9 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 21, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 21, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The courts have full power to review any action or proceeding of an association and that power will be exercised when such association has proceeded contrary to natural justice or where there is any prejudice or passion or caprice evident, or where there…

1Opinion of the CourtGray, J.

By this action plaintiff seeks to be reinstated in his membership of the New York Stock Exchange; from which he had been expelled by the Governing Committee, upon the charge of having made a material misstatement to the Committee on Admissions at the time of his application for membership. The complaint, after alleging that the New York Stock Exchange is a volun tary association and that the plaintiff became a member and subscribed the constitution thereof, sets forth provisions of the constitution bearing upon the powers of the Governing Committee, in which the government of the Exchange is…

2Cases cited5 opinions

  1. Belton v. . HatchNew York Court of Appeals · 1888
  2. People Ex Rel. Johnson v. New York Produce ExchangeNew York Court of Appeals · 1896
  3. Lewis v. . WilsonNew York Court of Appeals · 1890
  4. Young v. EamesAppellate Division of the Supreme Court of the State of New York · 1903
  5. Young v. . EamesNew York Court of Appeals · 1905

3Cited by9 opinions

  1. Brown v. Gilligan, Will & Co.District Court, S.D. New York · 1968
  2. Legg, Mason & Company, Inc. v. MacKall & Coe, Inc.District Court, District of Columbia · 1972
  3. Hurwitz v. Directors Guild of America, Inc.Court of Appeals for the Second Circuit · 1966
  4. Hurwitz v. Directors Guild Of America, Inc.Court of Appeals for the Second Circuit · 1966
  5. Choate v. LoganMassachusetts Supreme Judicial Court · 1921

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