Legal Opinion

McDonald v. Ross-Lewin

New York Supreme Court

Decided January 15, 1883Published

Controversy submitted under sections 1279, 1280 and 1281 of Code of Civil Procedure. In an action brought by the attorney-general in the name of The People against “ The Mutual Benefit Associates,” the plaintiff was appointed by the Supreme Court the receiver of the property and effects of such corporation, and a judgment “dissolving said corporation, and forfeiting its rights and privileges and franchise,” was- granted, and the plaintiff duly qualified as such receiver and…

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Controversy submitted under sections 1279, 1280 and 1281 of Code of Civil Procedure. In an action brought by the attorney-general in the name of The People against “ The Mutual Benefit Associates,” the plaintiff was appointed by the Supreme Court the receiver of the property and effects of such corporation, and a judgment “dissolving said corporation, and forfeiting its rights and privileges and franchise,” was- granted, and the plaintiff duly qualified as such receiver and is now discharging the duties of such receivership. This action was brought to recover -amounts claimed to be due from…

1Opinion of the Court

Hardin, J.:

May 12, 1875, the legislature passed an act entitled “An act for the incorporation of societies or clubs for certain lawful purposes,” chapter 267 of Laws of 1875. In April, 1877, the corporation of which the plaintiff is receiver was organized and commenced its operations and' continued the same, having its principal place of business in the city of Rochester, until the suit brought by the attorney-general.

On the 29th of March, 1881, the defendant made and filed his application to the board of trustees of the corporation, in which he asked for a benefit of $2,000 in class A, and…

2Cases cited4 opinions

  1. Story v. . FurmanNew York Court of Appeals · 1862
  2. Hyatt v. Wait & SimmonsNew York Supreme Court · 1862
  3. Thomas v. WhallonNew York Supreme Court · 1857
  4. Sands v. ShoemakerNew York Court of Appeals · 1865

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