52 N.Y.S. 973 | N.Y. App. Div. | 1898
. This action is brought against the defendants individually and -also against the defendant Andrew D. Baird, as president of an unincorporated association of more than seven members, to recover damages for a conspiracy and combination to prevent the plaintiffs from carrying on their trade of buying, cutting and selling free stone in the city of Brooklyn. The individual defendants demur on the ground that the complaint does not state facts sufficient to •constitute a cause .of action against them, and that several causes of .action are improperly united.
The principal objection urged to the maintenance of this action against the'individual defendants is,-that under sections 1919 to 1924 of the Code of Civil- Procedure, where an action has been brought against the president or treasurer of an unincorporated association, another actión against the members of the association cannot be instituted until after final judgment in the action against the
The objection that the Statute of Limitations has run against the plaintiffs’ claim can be taken advantage of only by answer. (Code Civ. Proc. § 413.)
All concurred.
Interlocutory judgment affirmed, with costs, with leave to the defendants to withdraw demurrer and serve answer within twenty days on payment of costs of demurrer and of this appeal.'