Gebhard v. New York Club
New York Supreme Court
Motion by plaintiff for an injunction restraining defendants board of direction from proceeding to try the plaintiff on charges which had been preferred against him in pursuance of the constitution and by-laws of the club.
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Motion by plaintiff for an injunction restraining defendants board of direction from proceeding to try the plaintiff on charges which had been preferred against him in pursuance of the constitution and by-laws of the club. The plaintiff did not appear before the board in pursuance of the notice requiring him to appear, but sought to restrain the board from taking any action against him on the ground that several members of the board were prejudiced against him and hence he could not have a fair trial. The defendant claims that he was bound to submit to a trial in the club and by the methods…
1Opinion of the CourtBarrett, J.
The injunction is asked upon an inaccurate conception of the real dispute between the plaintiff and the club. It is not a question of the- character or propriety •of the plaintiff’s bill, but one of honor, between gentlemen. The charge, in substance, is that the plaintiff having ■obtained a favorable audit of his account upon a distinct promise that he would subsequently recast it so as to meet the approval of the board, has violated his pledge, refused ■either to recast the bill or to restore the original status, and has retained the money, ever after the board’s rescission •of the audit.
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2Cited by3 opinions
- Burns v. Brick-Layers' Benevolent & Protective UnionNew York City Court · 1891
- Moyse v. New York Cotton ExchangeNew York Supreme Court · 1911
- People ex rel. Elwell v. Manhattan Chess ClubNew York Supreme Court · 1898