Malibou Lake Mountain Club, Ltd. v. Smith

Opinion

KINGSLEY, J.

This case is another chapter in the long history of litigation between plaintiff and its members. In the instant case we are, by virtue of a record containing an engrossed statement of facts and a stipulation limiting the issues on appeal, faced only with the problem of construing and applying a by-law of the club.

Defendant Smith had refused to pay the dues and assessments levied against him as a member of plaintiff club. The club brought suit for the amounts claimed to be due; Smith counterclaimed for damages purportedly for the type of conduct discussed in Tooke v. Allen…