Van Aernam v. . Bleistein
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made April 5, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made April 5, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, sub nomine Van Aernam v. McGune, 32 Hun, 316.) This was an action for libel brought against the defendant as president of the “ Courier Company,” which company, the complaint alleged, “ was and now is a joint-stock company or association duly formed and organized under and by virtue of the laws of the State of New York,” and engaged in the publication of a newspaper…
1Opinion of the CourtBapallo, J.
The only point made on the part of the appellant on the trial of this action was that the action could not be maintained against the defendant as president of the Courier Company.
Prior to 1849 all the members of an unincorporated joint-stock company or association were necessary parties to an action by or against such company or association, whatever the number of its members might be. (2 Lindl. on Part. 1084.) Such an association could not sue in the name of any officer of the association or in the name of its trustees.
By the Laws of 1849 (Chap. 258, § 1) it was provided that any joint-stock…
2Cited by20 opinions
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