Liederkranz Singing Society v. Turn-Verein
Supreme Court of Pennsylvania
Appeal, No. 433, Jan. T., 1894, by plaintiff, The Liederkranz Singing Society of Lancaster, Pa., by F. C. Ostermayer and Andrew J. Riski, of the Board of Trustees of said Society, from order of C. P. Lancaster Co., Nov. T., 1892, No. 5, refusing to take off a nonsuit in favor of defendants, Germania Turn-Verein of Lancaster, Pa., Victor Roth, Philip Stumpf and August Koehler. Replevin to recover furniture and other personal property.
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Appeal, No. 433, Jan. T., 1894, by plaintiff, The Liederkranz Singing Society of Lancaster, Pa., by F. C. Ostermayer and Andrew J. Riski, of the Board of Trustees of said Society, from order of C. P. Lancaster Co., Nov. T., 1892, No. 5, refusing to take off a nonsuit in favor of defendants, Germania Turn-Verein of Lancaster, Pa., Victor Roth, Philip Stumpf and August Koehler. Replevin to recover furniture and other personal property. Before Brubaker, J. At the trial it appeared that, in 1892, the Liederkranz Society was composed of about twelve or fourteen active members and about two hundred…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
It is conceded that in cases of unincorporated associations whose membership is large, suits may be brought by some of the members in their own names on behalf of, or as representing all. The present action therefore would have been sustainable if brought in the name of Ostermayer and others in behalf of the members constituting The Liederkranz Society. It was brought in the name of The Liederkranz Society by Ostermayer et al. There is no substantial difference. The allowance of suits in any such form is a modification of the ordinary requirements as to parties,…
2Cases cited1 opinion
- Phipps v. JonesSupreme Court of Pennsylvania · 1853
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