Flagg v. Swift
New York Supreme Court
Appeal from a judgment of the City Court of Yonkers in favor of the plaintiff, entered uj>on the verdict of a jury.
1Opinion of the Court
Dykman, J.:
There was in the city of Yonkers an association called the Yonkers Dramatic Club. It was a voluntary, unincorporated organization, and in it were more than seven members. A building was rented of the plaintiff for the use of this society, and this action is brought against three of the members for the recovery of the rent in arrear. The plaintiff had judgment in the trial court, from which an appeal is now taken.
Voluntary associations have occupied an anomalous position. At the common law they were regarded as partnerships in the transaction of business (Williams v. Bank of…
2Cases cited2 opinions
- Williams v. Bank of MichiganCourt for the Trial of Impeachments and Correction of Errors · 1831
- Witherhead v. AllenNew York Court of Appeals · 1867