McMahon v. . Rauhr
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas of the city of ISTew York, reversing a judgment of the General Term of the Marine Court of the city of Sew York, which affirmed, by default, a judgment of the trial term of said court, entered upon a verdict.
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Appeal from judgment of the General Term of the Court of Common Pleas of the city of ISTew York, reversing a judgment of the General Term of the Marine Court of the city of Sew York, which affirmed, by default, a judgment of the trial term of said court, entered upon a verdict. (Reported below, 1 Daly, 523.) The plaintiffs and their assignors, together with the defendants herein, were members of an unincorporated association, known as the “ Mutual Pleasure Club,” a voluntary association for mutual recreation in boating and yachting. The club contracted with the defendant, Rauhr, who was its…
1Opinion of the Court
Folger, J,
The parties to this action are members with other persons of a voluntary association not incorporated. The object of the association is innocent pleasure,, and not trade business adventure or profit. It is not strictly a copartnership, for it does not in its objects fall within the definition of one. (3 Kent, 23; Collyer, 263.) But the rights of the associates in the property, and the modes of enforcing them are not materially different from those of partners in the partnership property. (Beaumont v. Meredith, 3 Vesey & Beames, 180.) Prima facie the- interest of each associate in…
2Cases cited4 opinions
- Dudley v. . MayhewNew York Court of Appeals · 1849
- Campbell v. StakesCourt for the Trial of Impeachments and Correction of Errors · 1828
- Maltby v. GreeneNew York Court of Appeals · 1864
- Harper v. HallNew York Court of Common Pleas · 1865
3Cited by46 opinions
- Lafond v. . DeemsNew York Court of Appeals · 1880
- Koogler v. KooglerOhio Supreme Court · 1933
- Delaney v. . BrettNew York Court of Appeals · 1872
- Wilmore v. . FlackNew York Court of Appeals · 1884
- St. Botolph Club, Inc. v. Brookline Trust Co.Massachusetts Supreme Judicial Court · 1935
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