Legal Opinion

Kohler v. Klein

New York Supreme Court

Decided December 15, 1902PublishedCited by 6 opinions

Action for reinstatement to a subordinate lodge of a beneficial association which paid death benefits out of a fund made up of dues and assessments paid by the members.

1Opinion of the Court

Gaynor, J.:

The plaintiff was expelled without notice or hearing from a subordinate lodge of the order. The defendant objects to this court taking jurisdiction of the case, on the ground that the plaintiff by his contract with the defendant is given the right to appeal to a higher authority in the order, and has not done so. The constitution of the order provides that any member “who deems himself aggrieved by a decision of the order is within three months entitled to appeal to the grand committee.” I do not think the expulsion of the plaintiff without notice and hearing was a “ decision ”…

2Cases cited1 opinion

  1. People Ex Rel. Deverell v. Musical Mutual Protective UnionNew York Court of Appeals · 1889

3Cited by6 opinions

  1. Rodier v. HuddellAppellate Division of the Supreme Court of the State of New York · 1931
  2. Rueb v. RehderNew Mexico Supreme Court · 1918
  3. Irwin v. PossehlNew York Supreme Court · 1932
  4. Fanara v. International Brotherhood of TeamstersNew York Supreme Court · 1954
  5. Blake v. North Shore Multiple Listing Service, Inc.New York Supreme Court · 1975

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