Boston Club v. Potter
Massachusetts Supreme Judicial Court
Contract for $50 alleged to be owed by the defendant as club dues for the year beginning December 1, 1907. The action was brought in the name of the plaintiff, a social club incorporated under R. L. c. 125, by Oscar A. Marden, Esquire, who was appointed receiver of its property by a decree of the Superior Court on May 5, 1908. Writ dated May 13, 1910. In the Superior Court the case was tried before Lawton, J. From the evidence and the findings of the jury in answer to…
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Contract for $50 alleged to be owed by the defendant as club dues for the year beginning December 1, 1907. The action was brought in the name of the plaintiff, a social club incorporated under R. L. c. 125, by Oscar A. Marden, Esquire, who was appointed receiver of its property by a decree of the Superior Court on May 5, 1908. Writ dated May 13, 1910. In the Superior Court the case was tried before Lawton, J. From the evidence and the findings of the jury in answer to special questions submitted to them by the judge, it appeared that the defendant was a member of the plaintiff on January 1,…
1Opinion of the CourtSheldon, J.
The plaintiff’s right to recover depends upon whether the defendant was one of its members and was liable for dues on December 1, 1907. He had been such a member, but he claimed that he had resigned his membership on January 8, 1907, and that his resignation had taken effect on or before November 30, of that year.
His letter of resignation, though seasonably delivered to some clerk or other officer or agent of the plaintiff, was not received by its secretary or passed upon by its executive committee. Therefore it never took effect under Article VII, Sect. 6, of the by-laws. Resignation, with a…
2Cases cited10 opinions
- Medical & Surgical Society of Montgomery County v. WeatherlySupreme Court of Alabama · 1883
- Gray v. Christian SocietyMassachusetts Supreme Judicial Court · 1884
- Flint v. PierceMassachusetts Supreme Judicial Court · 1868
- Dolan v. Court Good SamaritanMassachusetts Supreme Judicial Court · 1880
- Rogers v. Boston ClubMassachusetts Supreme Judicial Court · 1910
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3Cited by10 opinions
- Barbrick v. HuddellMassachusetts Supreme Judicial Court · 1923
- Bushway Ice Cream Co. v. Fred H. Bean Co.Massachusetts Supreme Judicial Court · 1933
- Martin v. McCueAppellate Court of Illinois · 1940
- Kelley v. WeissMassachusetts Supreme Judicial Court · 1951
- Locust Club v. EinsteinSuperior Court of Pennsylvania · 1937
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