¶1(dissenting.) Under section 1919 of the Code, an action in this form can be maintained only upon a cause of action “ for or upon which the plaintiff may maintain such an action or special proceeding against all the associates.” In the present case, I doubt very much the right of the plaintiff to make all the associates personally liable, for that is the effect of his claim. Ho such liability was in contemplation. The plaintiff was one of the associates, and is chargeable with knowledge of the situation. The funds were to be raised by voluntary contribution or subscription. The plaintiff himself seems to have been a subscriber to a guaranty fund. The special or central committee had no authority to pledge the credit of all who signed the constitution.
15 N.Y.S. 377
McCabe v. Goodfellow
Decided July 15, 1891
New York Supreme Court · decided 1891-07-15
Action by James E. McCabe against John T. Goodfellow, treasurer of the Law and Order League of the town of Kirkland.
Cited by 2 later decisions — most recently June 1945
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1891-07-15
View the full empirical analysis of this case →