Ancient City Sportsman's Club v. Miller
New York Supreme Court
This is an appeal by the defendant from a judgment of the , Schenectady County Court, affirming a judgment for the plaintiff) rendered in the court of a justice of the peace. The action was brought linger the game law (chap. 721, Laws 1871), to recover a penalty for taking fish with a net in the Mohawk river.
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This is an appeal by the defendant from a judgment of the , Schenectady County Court, affirming a judgment for the plaintiff) rendered in the court of a justice of the peace. The action was brought linger the game law (chap. 721, Laws 1871), to recover a penalty for taking fish with a net in the Mohawk river. The parts of that law which are applicable read as follows: “ § 25. No person shall kill or catch any fish in the Mohawk or Clyde rivérs, * * by any trap, dam, weir, net, seine, or by any device whatever, other than that of angling with hook and line, or with a spear, under a penalty of…
1Opinion of the CourtIngalls, J.
We are satisfied that the plaintiff was not authorized to maintain this action, for the reason that the statute of 1865, under which the plaintiff was organized as a society, does not authorize the formation of a corporation for any such purpose. The objects for which such a society may be formed are specified in said statute, as follows: “ who shall desire to associate themselves for social, gymnastic, esthetic, musical, yachting, hunting, fishing, batting or lawful sporting purposes.” This statute was amended the same year (see chapter 668 of Laws of 1865) by adding, after the word “…
2Cited by2 opinions
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