Rorke v. Russell
New York Supreme Court
Appeal from an order granted by Mr. Justice Ingkaiiam, at Special Term, upon an order to show cause, and upon the pleadings and affidavits in the action, restraining the defendant, the “New York Mining Stock Board” and each and every of the officers and members of said board, until further order of the court, from enforcing a resolution adopted at one of its meetings, suspending the plaintiff from his privileges as a member of the said board for sixty days.
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Appeal from an order granted by Mr. Justice Ingkaiiam, at Special Term, upon an order to show cause, and upon the pleadings and affidavits in the action, restraining the defendant, the “New York Mining Stock Board” and each and every of the officers and members of said board, until further order of the court, from enforcing a resolution adopted at one of its meetings, suspending the plaintiff from his privileges as a member of the said board for sixty days. The complaint alleged, that the association was the owner of funds and securities, in the hands of its treasurer, and of furniture and…
1Opinion of the Court
By the Court —
Sutherland, J.
In my opinion, even the complaint does .not make a case .for the injunction. The complaint does not allege, that “ The New York Mining Stock Board ” is a corporation, nor that it was organized or existed, or is recognized under or by any legislative act or authority.
From the allegations in the complaint, or from what can be inferred from it, of, or as to its organization, business, and purposes, it is extremely doubtful, whether it should be regarded as a joint stock company or association, within chapter 258 of the Laws of 18-19, or within chapter 155 of the Laws…
2Cited by3 opinions
- Fritz v. MuckNew York Supreme Court · 1881
- Albers v. Merchants' Exchange of St. LouisMissouri Court of Appeals · 1890
- Dixon v. TalericoAppellate Division of the Supreme Court of the State of New York · 1926