Legal Opinion

Democratic Organization v. Democratic Organization of the County of Richmond, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided January 14, 1938PublishedCited by 7 opinions

1Opinion of the Court

Order denying plaintiff’s motion for a temporary injunction affirmed, with ten dollars costs and disbursements. We affirm the order on the ground that there are questions of fact involved, particularly as to the prior use of the name “ The Democratic Organization of the County of Richmond, N. Y.” by the plaintiff. Such questions should be decided after trial, rather than upon affidavits. We do not approve the reasons given at Special Term for the denial of the motion. A county committee of a political party is an unincorporated association. (Saxer v. Democratic County Committee of Erie Co.,…

2Cases cited5 opinions

  1. Society of 1812 v. Society of 1812Appellate Division of the Supreme Court of the State of New York · 1900
  2. Talbot v. Independent Order of OwlsCourt of Appeals for the Eighth Circuit · 1915
  3. B.P.O. Elks v. . Improved B.P.O. ElksNew York Court of Appeals · 1912
  4. Saxer v. Democratic County CommitteeNew York Supreme Court · 1936
  5. Black Rabbit Ass'n v. MundayNew York Supreme Court · 1887

3Cited by7 opinions

  1. Battipaglia v. Executive Committee of the Democratic County CommitteeNew York Supreme Court · 1959
  2. Fay v. O'ConnorNew York Supreme Court · 1938
  3. Burns v. WiltseNew York Supreme Court · 1951
  4. 96 Fifth Avenue Realty Corp. v. GreenbergCity of New York Municipal Court · 1943
  5. Kelly v. CurcioAppellate Division of the Supreme Court of the State of New York · 1992

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