Saunders v. Adams Express Co.

LANNING, District Judge.

The defendant, the Adams Express Company, is a joint-stock association organized under the laws of the state of New York. Section. 1919 of the New York Code of ■Civil Procedure provides in reference to such an association that:

“An action or special proceeding may be maintained by the president or treasurer of an unincorporated association, consisting of seven or more persons, to recover any property or upon any cause of action for or upon which all the associates may maintain such an action or special proceeding by reason of their interest or ownership therein, either…