Sander v. Edling
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the report of a referee. The action was brought to recover from defendant, as president of the Turtle Bay Park Association, Limited, an installment of salary alleged by plaintiff to be due to him for services as manager under a contract with such association, and for money advanced and paid by plaintiff for the use and benefit of the association. The association consisted of thirty members, of whom plaintiff was one.
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Appeal from a judgment of this court entered upon the report of a referee. The action was brought to recover from defendant, as president of the Turtle Bay Park Association, Limited, an installment of salary alleged by plaintiff to be due to him for services as manager under a contract with such association, and for money advanced and paid by plaintiff for the use and benefit of the association. The association consisted of thirty members, of whom plaintiff was one. They had instituted proceedings to incorporate themselves as a limited liability company under the act of 1875, and had filed…
1Opinion of the Court
Charles P. Daly, Chief Justice.—The
conclusion of the referee was correct that, since the passage of the acts of 1849 (L. 1849 c. 258) and 1851 (L. 1851 c. 448), any unincorporated association having a president or treasurer may be sued by a member of the association in an action against either of these officers. Such an association being in the nature of a copartnership, an action at law, before the passage of these statutes, had to be brought against all the members collectively, as such a body had no legal per*242sonality distinct from that of its members; and no single member could sue the…
2Cases cited1 opinion
- Westcott v. . FargoNew York Court of Appeals · 1875
3Cited by4 opinions
- Gillette v. AllenAppellate Division of the Supreme Court of the State of New York · 1945
- Saxer v. Democratic County CommitteeNew York Supreme Court · 1936
- Gillette v. AllenNew York Supreme Court · 1945
- McCabe v. GoodfellowNew York Supreme Court · 1891