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9 N.Y. St. Rep. 849

Moon v. Worth

New York Supreme Court

Decided July 15, 1887

New York Supreme Court · decided 1887-07-15

<p>Action—Musical society—Authority of president to bring action.</p>

Decided 1887-07-15

Per Curiam.

¶1We think this case was properly decided,

¶2It is probably unnecessary to decide whether or not this musical society was a joint stock association. It is certainly doubtful whether there was any stock which could be transferred, and by the transfer of which a new member would be brought in. At any rate it is enough to say that it is not sufficiently shown the plaintiff was authorized to bring the action. There were nineteen members. Only seven of them appear to have elected him president; and the authority for their meeting is not shown. The constitution is not given in evidence, nor are its contents proved. So we have no reason to think that this election was valid. If the association was a partnership, the defendant had as much right to the possession of the partnership property as any other member had; and seven members, by a vote of expulsion, could not deprive him of his rights.

¶3Judgment affi med, with costs.

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