McKane v. Adams
New York Supreme Court
At chambers. On motion to amend. "Action by John Gr. McICane against the Democratic general committee of Kings county for restoration to membership.
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At chambers. On motion to amend. "Action by John Gr. McICane against the Democratic general committee of Kings county for restoration to membership. The summons and complaint were served upon John P. Adams, who appeared, and demurred for defect of parties defendant, whereupon the plaintiff moved to amend the summons so that the name of the defendant should read, “John P. Adams, as president of the Democratic general committee of Kings county, ” and to amend the complaint accordingly, and by inserting therein an allegation that the Democratic general committee of Kings county is an…
1Opinion of the CourtBartlett, J.
An examination of the complaint shows that the cause of action, if any, set up therein, is against those persons who comprise the Democratic general committee of Kings county. Assuming that body to be a voluntary association, within the meaning of section 1919 of the Code of Civil Procedure, it can properly be sued only by making all its members*defendants, or by naming as defendant the president or treasurer. Neither course has been pursued by the plaintiff, ánd this motion presents the question whether his failure properly to name the defendant is a fatal defect, or whether he can correct…
2Cases cited2 opinions
- Bassett v. . FishNew York Court of Appeals · 1878
- New York State Monitor Milk Pan Ass'n v. Remington Agricultural WorksNew York Court of Appeals · 1882
3Cited by2 opinions
- Munzinger v. Courier Co.New York Supreme Court · 1894
- Franken v. McAlpinCity of New York Municipal Court · 1899