People ex rel. Schmitt v. Saint Franciscus Benevolent Society
New York Supreme Court
The respondents are a benevolent society in the city of Buffalo, organized under the laws of 1848, entitled “An act for the incorporation of benevolent, charitable, scientific and missionary societies.” The relator was a member thereof and was excluded, and he made a motion for a peremptory mandamus, compelling the respondents' to reinstate him to membership. The facts sufficiently appear in the opinion. Motion for mandamus.
1Opinion of the Court
Marvin, Justice.
I think this motion must be granted. The relator makes a clear case of right to membership in the corporation, and the facts presented in opposition to the motion are not sufficient to justify the expulsion of the relator from the society. ' It is not my purpose to enter into a discussion of some interesting questions presented upon the argument; it will be enough to say that the relator, as one of the corporators, had rights which the law will protect. He states, that as a member of the corporation, he performed all the obligations and conditions required of him by the…
2Cited by10 opinions
- Zelenka v. BPOE OF THE USNew Jersey Superior Court Appellate Division · 1974
- Stein v. MarksNew York Supreme Court · 1904
- Loubat v. Le RoyNew York Supreme Court · 1884
- Gallaher v. American LegionNew York Supreme Court · 1934
- Taufer v. Brotherhood of PaintersAppellate Division of the Supreme Court of the State of New York · 1910
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