Lafond v. . Deems
New York Court of Appeals
Appeal from order of General Term of the Supreme Court, in the first judicial, department, reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought for the dissolution of a voluntary-association known as “ Washington Tent ISTo. 1, Independent Order of Rechabites,” of which association the parties were members, and for a division of its property and assets.
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Appeal from order of General Term of the Supreme Court, in the first judicial, department, reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought for the dissolution of a voluntary-association known as “ Washington Tent ISTo. 1, Independent Order of Rechabites,” of which association the parties were members, and for a division of its property and assets. The objects of the association as declared in the constitution of the Order is “ Mutual benefits in the exercise of temperance, fortitude and justice, securing to its…
1Opinion of the CourtMiller, J.
The organization which the plaintiffs seek to dissolve and close up, by a distribution of the funds belonging to the same, is a voluntary association instituted for moral, benevolent and social objects, and occupies a different position from institutions of a financial character. In view of the purposes for which such societies are organized, they should not be dissolved for slight causes, and if at all, only when it is entirely apparent that the organization has ceased to answer the ends of its existence and no other mode of relief is attainable. The judgment of the Special Term dissolving…
2Cases cited1 opinion
- McMahon v. . RauhrNew York Court of Appeals · 1871
3Cited by62 opinions
- Bauer v. Samson LodgeIndiana Supreme Court · 1885
- Ostrom v. . GreeneNew York Court of Appeals · 1900
- People ex rel. Keefe v. Women's Catholic Order of ForestersIllinois Supreme Court · 1896
- Levy v. Magnolia Lodge, No. 29, I. O. O. F.California Supreme Court · 1895
- Neto v. Conselho Amor Da Sociedade No. 41California Court of Appeal · 1912
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