People Ex Rel. Johnson v. New York Produce Exchange
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Mew York, made July 12, 1894, which reversed an order of the Special Term denying a motion for a peremptory mandamus to restore the relator to his privileges as a member of the Mew York Produce Exchange, from which he had been suspended by the board of managers, and granted the writ. The appellant is a corporation created by special act of the legislature.
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Appeal from order of the General Term of the Superior Court of the city of Mew York, made July 12, 1894, which reversed an order of the Special Term denying a motion for a peremptory mandamus to restore the relator to his privileges as a member of the Mew York Produce Exchange, from which he had been suspended by the board of managers, and granted the writ. The appellant is a corporation created by special act of the legislature. (Laws of 1862, chap. 359.) The name of the original corporation was changed to the Mew York Produce Exchange by an act passed February 13, 1867, amending the…
1Opinion of the Court
Andrews, Ch. J.
The relator, by the action of the board of managers, has been deprived of a valuable right appertaining to membership in the exchange, and if the board,-in suspending him, transcended its jurisdiction, the relator is entitled to invoke the aid of the court to undo the wrong which he has suffered. The visitatorial supervision inherent in the courts (when not regulated by statute) over the affairs of public or private corporations, extends to the investigation of their proceedings for the purpose of keeping them within their chartered powers and protecting the rights of members…
2Cases cited3 opinions
- Black & White-Smiths' Society v. VandykeSupreme Court of Pennsylvania · 1837
- Hurst v. . New York Produce ExchangeNew York Court of Appeals · 1885
- Lewis v. . WilsonNew York Court of Appeals · 1890
3Cited by39 opinions
- Gonzalez v. Roman Catholic Archbishop of ManilaSupreme Court of the United States · 1929
- Simpson v. Grand International Brotherhood of Locomotive EngineersWest Virginia Supreme Court · 1919
- Wilcox v. Supreme Council of Royal ArcanumNew York Court of Appeals · 1914
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- Hurwitz v. Directors Guild of America, Inc.Court of Appeals for the Second Circuit · 1966
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