Herman v. Brooklyn Savings Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles A. Herman, as treasurer, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of February, 1920, denying plaintiff’s motion for an injunction pendente lite.
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Appeal by the plaintiff, Charles A. Herman, as treasurer, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of February, 1920, denying plaintiff’s motion for an injunction pendente lite. Appeal by the defendant, Lithuanian Socialist Home Association, Inc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of June, 1920, overruling defendant’s demurrer to the complaint.
1Opinion of the Court
Laughlin, J.:
Most of the material facts are quite fully stated in the opinion of Mr. Justice Mebbell, but it further appears that it is provided in the certificate of incorporation of the defendant that membership therein shall be restricted to members in good standing of the Lithuanian Socialist Federation and shall cease automatically with respect to each member upon his ceasing to be such a member in good standing, and I think that it is to be inferred from the facts alleged that all of the directors of the defendant ceased to be members of the Lithuanian Socialist Federation in good…
2Cases cited10 opinions
- Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United StatesSupreme Court of the United States · 1890
- Austin v. . SearingNew York Court of Appeals · 1857
- Westminster Presbyterian Church of West Twentythird Street v. Trustees of PresbyteryNew York Court of Appeals · 1914
- Schwab v. E. G. Potter Co.New York Court of Appeals · 1909
- Williamson v. JohnsonSupreme Court of Vermont · 1890
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3Cited by3 opinions
- In re the Estate of JamesNew York Surrogate's Court · 1953
- House v. SchwartzNew York Supreme Court · 1959
- Supreme Court of Foresters of America v. Grand Court of Foresters of AmericaAppellate Division of the Supreme Court of the State of New York · 1950