Schmidt v. Gunther

Daly, Chief Justice.

This judgment will have to be reversed. It was brought to recover $70, to which the plaintiff claimed to be entitled from an unincorporated association of individuals, due to him as a member of the association in weekly payments of $5 a week, for fourteen weeks during which he was sick. The plaintiff has not sued the members of the association, nor could he in an action at law, unless the right to do so was given by the conditions of the agreement under which the parties were united into a body (Habicht v. Pemberton, 4 Sandf. 658 ; White v. Brownell, 2 Daly, 356, 358 ;…