Ostrom v. . Greene
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the ■ Supreme Court in the third judicial department, entered May 23, 1898, affirming a judgment in favor of plaintiff entered upon a decision of the court after a trial without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the ■ Supreme Court in the third judicial department, entered May 23, 1898, affirming a judgment in favor of plaintiff entered upon a decision of the court after a trial without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint should have been dismissed because the plaintiff was not at the time the action was commenced, or at any time afterwards, the legally elected president of the association through whose efforts the fund in question had been raised ; the association she claimed…
1Opinion of the CourtVann, J.
The plaintiff, as president of an unincorporated association consisting of more than seven members, brought this action against Caroline Boosa and Mary C. Wright for an accounting and to recover the funds, books and papers belonging to the society. The answers of the defendants,- among other denials, put at issue the allegation that the plaintiff was president of the association, but no affirmative or equitable defense was pleaded. The trial court found that the plaintiff, at the time of the commencement of the action, and for some time prior thereto, was president of said association ; that…
2Cases cited6 opinions
- Cox v. . StokesNew York Court of Appeals · 1898
- Lafond v. . DeemsNew York Court of Appeals · 1880
- Ogden v. . AlexanderNew York Court of Appeals · 1893
- Field v. FieldNew York Supreme Court · 1832
- Smith v. . LawNew York Court of Appeals · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Martin v. CurranNew York Court of Appeals · 1951
- Haywood v. United StatesCourt of Appeals for the Seventh Circuit · 1920
- Winne v. . WinneNew York Court of Appeals · 1901
- John L. Jund v. The Town of Hempstead the Town of Hempstead Republican Committee the Nassau County Republican CommitteeCourt of Appeals for the Second Circuit · 1991
- Race v. . KrumNew York Court of Appeals · 1918
63 more not listed; retrieve them via the Exa API.