Thomas v. Musical Mutual Protective Union
New York Supreme Court
Appeal from special term, New York county; Joseph Potter, Justice. Action by Theodore Thomas against the Musical Mutual Protective Union, for a judgment that article 8, §§ 1, 2, and article 9, § 2, so far as it relates thereto, of defendant’s by-laws, are illegal and void, and for a further judgment that defendant’s directors and officers be enjoined and restrained from enforcing them against plaintiff.
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Appeal from special term, New York county; Joseph Potter, Justice. Action by Theodore Thomas against the Musical Mutual Protective Union, for a judgment that article 8, §§ 1, 2, and article 9, § 2, so far as it relates thereto, of defendant’s by-laws, are illegal and void, and for a further judgment that defendant’s directors and officers be enjoined and restrained from enforcing them against plaintiff. The case was tried at special term before the court, who found for plaintiff, and from the judgment entered in the case defendant appeals.
1Opinion of the CourtBrady, J.
Justice Daniels has elaborately expressed his views of the questions involved on this appeal as they present themselves to his mind. If the by-laws under which the defendants meant to proceed against the plaintiff were valid, there would be no difference of opinion as to the result. They are not, so far as they sustain the contemplated action of the defendants in interfering with the orchestral combination of the plaintiff. By the charter, the objects of the defendants were declared to be the cultivation of the art of music in all its branches, and the promotion of good feeling and friendly…
2Cases cited1 opinion
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
3Cited by2 opinions
- O'Brien v. HearnU.S. Circuit Court for the District of Southern New York · 1903
- People v. BarondessNew York Supreme Court · 1891