Clancy v. Terhune
New York Marine Court
The plaintiff, who is president of the Hoboken Council No. 99 of the Royal Arcanum, an association of Hoboken, Hudson county, New Jersey, consisting of seven or more persons, sues the defendant in trover for the conversion of a portion of its property.
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The plaintiff, who is president of the Hoboken Council No. 99 of the Royal Arcanum, an association of Hoboken, Hudson county, New Jersey, consisting of seven or more persons, sues the defendant in trover for the conversion of a portion of its property. The defendant demurs to the complaint, and the question presented is whether such an action can be maintained by the president of an unincorporated society, managing its business and affairs in another State ; in. other words, whether our statute, permitting such a form of action, has any application to foreign associations.
1Opinion of the CourtMcAdam, J.
This being a transitory and not a local action, the mode of procedure to be followed is that allowed by the law of the forum whose jurisdiction is invoked.
The plaintiff, having brought the defendant within the jurisdiction of the court by the personal service of process, was not only permitted, but required, to conform to the laws and practice of the courts of this State, in regard to the form and manner of procedure.
The statute provides that where an association consists of more than seven members the action may be brought in the name of the president (3 R. S. 6 ed. p. 762), and this…
2Cases cited8 opinions
- National Bank v. . Van DerwerkerNew York Court of Appeals · 1878
- Tibbetts v. Blood & TubbsNew York Supreme Court · 1856
- Fargo v. McVickerNew York Supreme Court · 1869
- De Witt v. ChandlerNew York Supreme Court · 1860
- Robbins v. WellsThe Superior Court of New York City · 1863
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