Bailey v. American Society for Prevention of Cruelty to Animals

Defendant, Society, appeals from an order denying defendant’s motion to dismiss the complaint for insufficiency and for. summary judgment in defendant’s favor. Twenty members, a small minority of defendant Society, sue the Society for a judgment declaring certain by-laws of the Society void and for a judicial determination of the rights of the parties.

The Society was organized in 1866 by a special act of the Legislature (L. 1866, ch. 469) for a nonprofit and humane purpose. Plaintiffs are among those who pay dues as patrons or members of various classes. Certain functions of a public nature…