McCabe v. . Goodfellow
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the fourth judicial department, entered upon an order made July 7, 1891, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover for services alleged to-have been rendered by plaintiff, as attorney for the Law and Order League of the town of Kirkland, of which defendant-was treasurer. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme-Court in the fourth judicial department, entered upon an order made July 7, 1891, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover for services alleged to-have been rendered by plaintiff, as attorney for the Law and Order League of the town of Kirkland, of which defendant-was treasurer. The facts, so far as material, are stated in the opinion. “ The league ” is not such an association as is contemplated by section 1919, Code of Civil Procedure. It is not shown by any…
1Opinion of the CourtMaysabd, J.
This action must be upheld, if at all, under ¡section 1919 of the Code of Civil Procedure, which provides that an action may be maintained against the president or treasurer of an unincorporated association consisting of seven or more persons, upon any cause of action for which the plaintiff might main bain such an action against all the associates by reason of their liability therefor, either jointly or severally. Under the subsequent sections of the Code (1921, 1922), the judgment recovered does not bind the property of the officer, ■and the execution issued must require the sheriff to…
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