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21 Abb. N. Cas. 459

McKane v. Adams

New York Supreme Court

Decided October 15, 1888

New York Supreme Court · decided 1888-10-15

<p>1. Voluntary association; restoration to membership.] Wher.e a political organization, made up of several ward and town associations, disbands one of the town associations in accordance with its by-laws, and orders a new enrollment of the voters,- under which a new election is had, and one of the delegates elected at such new election is also one of the delegates from the disbanded association and is objectionable, and in hostility to the general body, such delegate may be refused admission to membership by a majority vote of the general body, although its by-laws require a two-thirds vote upon the question of refusing admission to membership of one claiming to be elected.</p> <p>* See also Gebhard v. New York Club, p. 248 of this vol. and Baum v. N. Y. Cotton Exch., p. 253; also see note in 15 Abb. N. C. 44; and reversal of the case of Loubat v. Le Boy, there reported, in 17 Id. 112.</p> <p>As to affiliated associations, see Davis v. Mayo, 10 Virginia L. J. 559; District Grand Lodge No. 5, Independent Order of B’nai B’rith v. Jedidjah Lodge No. 7, 65 lid. 236; s. c., 4 Eastern Rep. 657; Oliver d. Hopkins 144 Mass. 175; s. c., 10 Northeastern Rep. 776.</p> <p>3. Pleading; demurrer,'j In an action for such restoration, a demurrer to the complaint will be sustained, as it is a question to be determined between the town association and the general association, and not for the courts.</p>

Decided 1888-10-15

Barnard, P. J.

¶1No actionable fact is averred in the •complaint. The general committee had power to disband any town association which acted in hostility to it. .Under this provision and according to the forms provided by the •constitution of the general committee, it disbanded Graves-end and ordered a new enrollment of voters. So far no ■complaint can be made.

¶2Under the new enrollment an election was had, and at this election the plaintiff was elected a delegate to the committee. The defendant association refused to receive him. Having disbanded the town for hostility to the purposes of the organization, and the new election having resulted in the return of the objectionable person, it was competent for •the committee, by a majority vote, to refuse to receive the •same person who had been ousted by the regular proceedings for the disbandment of his town. To go through another process of disbandment, another enrollment and election and with the same result, would be without any useful purpose. The object sought to be obtained was the *464organization of the town by persons in harmony with the Democratic party, and if a town failed to elect such a person, the committee could lawfully refuse to accept the delegate proposed to be sent by the town as a delegate.

¶3The rights of the plaintiff are but such as will give him an action fbr restoration, even if he was improperly refused1 admission to the general committee.

¶4A political oi’ganization must have as members those-who favor' the common cause. If an enemy be elected to it as a delegate, the general body, may act without the observance of the strict forms governing such cases in courts of justice, and refuse to receive him. The courts cannot aid him. The question must be determined between the town and the committee.

¶5There must be judgment for the defendant on the demurrer, with costs.

¶6J ndgment accordingly. .

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