Wells v. Monihan
New York Supreme Court
Appeal from judgment on report of referee. Action in the name of Theresa Wells, treasurer of Excelsior Assembly No. 4,120 of the Knights of Labor, said -assembly being an unincorporated association consisting of more than seven persons, against Edward Monihan and John Stack.
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Appeal from judgment on report of referee. Action in the name of Theresa Wells, treasurer of Excelsior Assembly No. 4,120 of the Knights of Labor, said -assembly being an unincorporated association consisting of more than seven persons, against Edward Monihan and John Stack. At the trial, testimony of said Theresa Wells and others, witnesses for plaintiff, as to who were members of the association, and what members were present at meetings thereof, was admitted against defendants’ objection that the best evidence was the records of the association; also testimony that plaintiff was elected…
1Opinion of the CourtLearned, P. J.
This is an appeal by the defendants from judgment on the report of a referee in an action brought upon a promissory note made by the defendant. This action is brought by the plaintiff as treasurer of an unincorporated association consisting of seven or more, known as “Excelsior Assembly No. 4,120 of the Knights of Labor.” This association was formed in pursuance of what is called a “warrant- charter,” issued by the general assembly of the Knights of Labor in August, 1885. It is shown that on May 26, 1887, a circular letter was issued by the general executive board, stating that they had…
2Cases cited5 opinions
- Austin v. . SearingNew York Court of Appeals · 1857
- Barney v. . ForbesNew York Court of Appeals · 1890
- Mayor of New York v. Broadway & Seventh Avenue RailroadNew York Court of Appeals · 1884
- Carnright v. GrayNew York Supreme Court · 1890
- Wicks v. MonihanNew York Supreme Court · 1889