Legal Opinion

People ex rel. Ward v. Uptown Ass'n

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 3 opinions

Appeal by the relator, J. Carlton Ward, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of April, 1896, denying his motion for a writ of mandamus. This was a special proceeding for a writ of mandamus to compel a membership corporation, organized under chapter 267 of the Laws of 1875, and located in the city of New York, to reinstate the relator as a member.

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Appeal by the relator, J. Carlton Ward, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of April, 1896, denying his motion for a writ of mandamus. This was a special proceeding for a writ of mandamus to compel a membership corporation, organized under chapter 267 of the Laws of 1875, and located in the city of New York, to reinstate the relator as a member. The application was for a "writ peremptory or alternative, as might he proper. It was denied by the Special Term in the first…

1Opinion of the Court

Cullen, J.:

The respondent undoubtedly possessed the power of amotion, and the relator by becoming a member assented to the authority vested in the directors of the corporation by its by-laws to annul his membership for conduct which might, in the judgment of the directors, endanger the welfare or character of the club. “ But it by no means follows that a member may be arbitrarily suspended or expelled upon insufficient grounds.” (In re Haebler v. N. Y. Produce Exchange, 149 N. Y. 414.) The relator proposed one Siegel for membership in the association. Favorable action on his nomination…

2Cases cited2 opinions

  1. In Re Haebler v. . N.Y. Produce ExchangeNew York Court of Appeals · 1896
  2. People Ex Rel. Johnson v. New York Produce ExchangeNew York Court of Appeals · 1896

3Cited by3 opinions

  1. Barry v. The PlayersAppellate Division of the Supreme Court of the State of New York · 1911
  2. People ex rel. Ward v. Uptown Ass'nAppellate Division of the Supreme Court of the State of New York · 1898
  3. People ex rel. Ward v. Uptown Ass'nAppellate Division of the Supreme Court of the State of New York · 1898

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