Ranken v. Probey
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Ranken, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Rensselaer on the loth day of October, 1908, upon the dismissal of the complaint by direction of the court on the plaintiff’s opening upon a trial at the Rensselaer Trial Term.
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Appeal by the plaintiff, William Ranken, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Rensselaer on the loth day of October, 1908, upon the dismissal of the complaint by direction of the court on the plaintiff’s opening upon a trial at the Rensselaer Trial Term. The complaint in this action was dismissed at the opening of the trial upon the ground that it did not state facts sufficient to constitute a cause of action. The complaint was in form as follows: “ The plaintiff, for Ms amended complaint against the defendant…
1Opinion of the Court
Smith, P. J.:
The questions arising in this case do not arise between the unincorporated association defendant and a third party. The contract here to be construed was made between the association and one 'of its own members. Whatever, therefore, may be the rights of third parties in dealing with such an association, it can hardly be questioned that the rights of members with the association and among themselves are to be governed by their agreement which is contained in their constitution and by-laws. This is held in Belton v. Hatch (109 N. Y. 593); O'Brien v. Grant (146 id. 173). In the…
2Cases cited4 opinions
- McCabe v. . GoodfellowNew York Court of Appeals · 1892
- Belton v. . HatchNew York Court of Appeals · 1888
- National Bank v. . Van DerwerkerNew York Court of Appeals · 1878
- Lightbourn v. WalshAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Gillette v. AllenAppellate Division of the Supreme Court of the State of New York · 1945
- Niemyjski v. SchlessingerAppellate Terms of the Supreme Court of New York · 1915