Locust Club v. Einstein

Opinion by

Baldrige, J.,

This action in assumpsit was brought to recover an assessment of $100 levied against the defendant as a member of the plaintiff club, a non-profit corporation. The trial judge, sitting without a jury, found for the defendant. Motions for a new trial and for judgment n.o.y. were dismissed. This appeal followed.

The board of directors of the club at a regular meeting on March 12, 1935, received a financial report of the club, which disclosed a large operating deficit. In pursuance of article 3, section 3, of the by-laws, they passed a resolution “that an assessment of $100…