Stefanazzi v. Italian Mutual Benefit Society
Supreme Court of Vermont
Appeal in Chancery. Heard on bill, answer, replication and facts found by a special master at the September Term, 1916, Washington County, Stanton, Chancellor. Decree, reinstating plaintiff in membership in defendant society, but not dissolving the defendant. Plaintiff appealed. The opinion states the case. The dissolution of the society should have been decreed. Lafond v. Deems, 52 How. Pr.
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Appeal in Chancery. Heard on bill, answer, replication and facts found by a special master at the September Term, 1916, Washington County, Stanton, Chancellor. Decree, reinstating plaintiff in membership in defendant society, but not dissolving the defendant. Plaintiff appealed. The opinion states the case. The dissolution of the society should have been decreed. Lafond v. Deems, 52 How. Pr. (N. Y.) 41; Gorman v. Bussell, 14 Cal. 531, 18 Cal. 688, 5 C. J. 1339 and cases cited. If the expulsion of the plaintiffs was not in accordance with the constitution of the society, their remedy is by…
1Opinion of the CourtPowers, J.
The plaintiffs were wrongfully expelled from the defendant, — an unincorporated association organized for moral, benevolent and social purposes, — and brought this bill in chancery seeking therein re-instatement to membership, a dissolution of the society, and a distribution of its funds. They appeal from a decree in their own favor. This decree provides for their re-instatement, as members of the society and restitution to all rights and privileges incident to such membership, but it does not dissolve the society. Of this omission the plaintiffs complain.
That a court of equity has…
2Cases cited4 opinions
- Burke v. RoperSupreme Court of Alabama · 1885
- Gorman v. RussellCalifornia Supreme Court · 1860
- Gorman v. RussellCalifornia Supreme Court · 1861
- Currier v. Catholic Order of ForestersSupreme Court of Vermont · 1913
3Cited by1 opinion
- Essex Storage Electric Co. v. Victory Lumber Co.Supreme Court of Vermont · 1919