People ex rel. Thacher v. New York Commercial Ass'n
New York Supreme Court
Motion to quash the return to an alternative mandamus, or make it more definite and certain; also, for a peremptory man damns. The Board of Managers of The Mew York Commercial Association having expelled Thomas Thacher from the association, he obtained an order to restore him to the association, or that the Board of Managers show cause, &c.
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Motion to quash the return to an alternative mandamus, or make it more definite and certain; also, for a peremptory man damns. The Board of Managers of The Mew York Commercial Association having expelled Thomas Thacher from the association, he obtained an order to restore him to the association, or that the Board of Managers show cause, &c. Upon the return it was shown that The Mew York Commercial Association was a corporation, organized among other things, “to inculcate just and equitable principles in trade,” and was empowered to make all proper and needful by-laws, &c.; and to expel any…
1Opinion of the CourtMiller, J.
The power of a private corporation to expel or disfranchise a member for' good and sufficient cause, is necessarily incident to the constitution of all bodies of this character. (2 Kent's Com., 297; Fawcett a. Charles, 13 Wend., 473.)
In the case of People a. Medical Society of the County of Erie (24 Barb., 571), which is one of the latest reported cases in this State, where the doctrine is discussed, Marvin, J., states the legal cause of disfranchisement to be—
1st. Offences against the corporator’s duty to the corporation as a member of it.
2d. Offences of a heinous or infamous character,…
2Cases cited3 opinions
- Fuller v. Trustees of the Academic School in PlainfieldSupreme Court of Connecticut · 1827
- In re SmithNew York Supreme Court · 1833
- Commonwealth v. President of St. Patrick Benevolent SocietySupreme Court of Pennsylvania · 1810
3Cited by13 opinions
- In Re Haebler v. . N.Y. Produce ExchangeNew York Court of Appeals · 1896
- Stein v. MarksNew York Supreme Court · 1904
- Gilmore v. PalmerNew York Supreme Court · 1919
- Wood v. Chamber of Commerce of the City of MilwaukeeWisconsin Supreme Court · 1903
- Goddard v. Merchants' ExchangeMissouri Court of Appeals · 1880
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