Austin v. Dutcher

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

Decided July 1, 1900

Appellate Division of the Supreme Court of the State of New York · decided 1900-07-01

Appeal by the plaintiff, Frank Austin, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of July, 1900, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint.

Decided 1900-07-01

Hatch, J.:

¶1I concur in the result of this opinion upon the ground that the plaintiff, having submitted himself to the jurisdiction of the association, was bound in the first instance to exhaust his remedies by appeal to the higher constituted authorities before he became entitled to maintain an action for the settlement of his rights. This he did not do, and he has, therefore, ho standing to maintain this action.

¶2Van Brunt, P. J., concurred.

¶3Judgment affirmed, with costs.