Fischer v. Raab
New York Court of Common Pleas
The plaintiff, with some eighty others, was a member of an unincorporated German benevolent society known as “ Die Kra/ufken Unterstütsnmgs Verem Deutsche Treu u/nd Evrngkeit,” which being translated into English means,- “ The Sick Benevolent Society Uerma/n Faith and Unityy” becoming dissatisfied he brought an action in the court of common pleas for a dissolution of the society, and- obtained a preliminary injunction against the officers of the society with an order to show…
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The plaintiff, with some eighty others, was a member of an unincorporated German benevolent society known as “ Die Kra/ufken Unterstütsnmgs Verem Deutsche Treu u/nd Evrngkeit,” which being translated into English means,- “ The Sick Benevolent Society Uerma/n Faith and Unityy” becoming dissatisfied he brought an action in the court of common pleas for a dissolution of the society, and- obtained a preliminary injunction against the officers of the society with an order to show causé why the same should not be made perpetual and for the appointment of a receiver of the property and funds of the…
1Opinion of the CourtJ. F. Daly, J.
Plaintiff having moved for a temporary injunction, which motion was opposed by defendants, an issue was raised upon the affidavits as to whether plaintiff had not, at a meeting of the society of which he and defendants were members, held May 6, 1878, made a motion to cancel or “ overthrow ” the proceedings of a prior meeting, held April 28, 1878, and continue the society. . As the effect of such a motion by plaintiff would' estop him from claiming, as he did on the application for an injunction, that the society was dissolved, both parties desired me to refer the question of fact to a…
2Cases cited2 opinions
- Albany City Bank v. SchermerhornNew York Court of Chancery · 1842
- Ballin v. . DillayeNew York Court of Appeals · 1867
3Cited by4 opinions
- Geib v. . ToppingNew York Court of Appeals · 1880
- Potter v. Emerson-Steuben Corp.New York Supreme Court · 1937
- Malone v. RobyWisconsin Supreme Court · 1885
- Quidnick Company v. ChafeeSupreme Court of Rhode Island · 1882