Good v. . Daland
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 9, 1889, which affirmed an interlocutory judgment in favor of defendants, entered upon an order sustaining demurrers to the complaint herein.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 9, 1889, which affirmed an interlocutory judgment in favor of defendants, entered upon an order sustaining demurrers to the complaint herein. The complaint alleged in substance that defendant, the Tucker & Carter Cordage Company, a corporation duly organized with certain other corporations, became members of an unincorporated association known as the United States Cordage Manufacturers’ Association of New York, by which said corporations authorized the…
1Opinion of the CourtPeckham, J.
Although, perhaps, Daland was not a necessary party defendant to this action upon the agreement stated in the complaint, yet we think he was a proper party. As trustee for the various companies represented in the agreement, it was by that instrument made his duty to bring an action against any defaulting member, and to use all diligence in prosecuting it.
The plaintiff claims that the corporation defendant was a defaulting member and that it was the duty of Daland to prosecute it, but that he, upon request to bring an action for that purpose, refused so to do.
■ If the corporation defendant…
2Cited by15 opinions
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- Hartman v. John D. Park & Sons Co.U.S. Circuit Court for the District of Kentucky · 1906
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