Jenkinson v. Wysner
Michigan Supreme Court
Error to St. Clair; Atkinson, J. Assumpsit by John Jenkinson against John E. Wysner and others for rent. From a judgment for plaintiff on verdict directed by the court, defendants bring error. The defendants were members and officers of Temple Lodge, No. 121, of the Ancient Order of United Workmen, a fraternal beneficiary association, unincorporated. Plaintiff executed a lease to the sociéty of a hall for a period of five years.
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Error to St. Clair; Atkinson, J. Assumpsit by John Jenkinson against John E. Wysner and others for rent. From a judgment for plaintiff on verdict directed by the court, defendants bring error. The defendants were members and officers of Temple Lodge, No. 121, of the Ancient Order of United Workmen, a fraternal beneficiary association, unincorporated. Plaintiff executed a lease to the sociéty of a hall for a period of five years. The society vacated the hall in October, 1898, on the ground of the failure of the plaintiff to comply with the lease. Plaintiff sued these defendants in December…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The defendants are liable, under the rule of Clark v. O’Rourke, 111 Mich. 108 (69 N. W. 147, 66 Am. St. Rep. 389), unless the right to maintain such action is abrogated by sections 10025, 10026, 3 Comp. Laws 1897. That statute provides for the bringing of suits against unincorporated voluntary associations, and provides for service of process upon certain of its officers. Without this statute the association could not be sued, because it has no legal existence. The remedy provided is merely cumulative; it does not take away the right to sue members of the…
2Cases cited2 opinions
- Gunzberg v. MillerMichigan Supreme Court · 1879
- Clark v. O'RourkeMichigan Supreme Court · 1896
3Cited by6 opinions
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- Pinsky v. Pikesville Recreation CouncilCourt of Special Appeals of Maryland · 2013
- Fredstrom v. Giroux Post, No. 11 of American LegionDistrict Court, W.D. Michigan · 1951
- MacHen v. Budd Wheel Co.Michigan Supreme Court · 1933
- Lyons v. American Legion Post No. 650 Realty Co.Ohio Supreme Court · 1961
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