Burmaster v. Alwin
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $10,000 damages for expulsion from membership in Minnesota Commercial Men’s Association, one of the defendants, and from the office of director thereof, and to restrain defendants from enforcing the cancelation of plaintiff’s benefit certificate and depriving him of his office of director.
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Action in the district court for Hennepin county to recover $10,000 damages for expulsion from membership in Minnesota Commercial Men’s Association, one of the defendants, and from the office of director thereof, and to restrain defendants from enforcing the cancelation of plaintiff’s benefit certificate and depriving him of his office of director. The answer, among other matters, set out the by-law of the association authorizing the board of directors to suspend or expel any member from the association. The case was tried before Steele, J., who when plaintiff rested denied defendants’ motion…
1Per curiam
The question whether plaintiff’s membership in the association was legally canceled is controlled by our decision in Stevens v. Minneapolis *384F. D. R. Assn. 124 Minn. 381, 145 N. W. 35. In that case, as in the case at bar, the by-laws authorizing the suspension of members contained no requirement that1 notice be given the member proceeded against, or that such member be otherwise afforded an opportunity to be heard before being condemned. We there held that the by-law must be construed in the light of the constitutional right to notice and hearing before one may be deprived of vested legal…
2Cases cited1 opinion
- Stevens v. Minneapolis Fire Department Relief Ass'nSupreme Court of Minnesota · 1914
3Cited by7 opinions
- Benson Cooperative Creamery Ass'n v. First District Ass'nSupreme Court of Minnesota · 1967
- Smith v. Gray Motor Co.Supreme Court of Minnesota · 1926
- Mixed Local of Hotel & Restaurant Employees Union Local No. 458 v. Hotel & Restaurant Employees International Alliance & Bartenders International League of AmericaSupreme Court of Minnesota · 1942
- Peters v. Minnesota Department of Ladies of the Grand Army of the Republic, Inc.Supreme Court of Minnesota · 1953
- Strong v. Minneapolis Automobile Trade Assoc.Supreme Court of Minnesota · 1922
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