102 A.D. 276 | N.Y. App. Div. | 1905
The plaintiff in this action recovered judgment against the defendant corporation for $181, representing expenditures necessarily made by him on account of medical treatment and attendance rendered to members of his family in the period between August 26, 1903, and February 16, 1904. His claim to this amount is based upon the proposition that his membership in the defendant corporation entitled him to have those members of his.family who might fall ill treated and attended by a physician in the employment and pay of the defendant. He alleges that he was unlawfully and wrongfully expelled from the society at the beginning of the period mentioned, on or about the 26th day of August, 1903, without any just cause whatever, and that subsequently at the end of said period, on or about the 16th day of February, 1904, in an action brought to compel his reinstatement, he recovered judgment against the defendant reinstating him in good standing in the society, and directing the treasurer thereof to receive his dues then unpaid.
The defendant denied the alleged unlawful expulsion; and, of course, it was necessary for the plaintiff, in order to recover, to prove that he had been unlawfully expelled. The only evidence offered
The proof in this case being fatally defective in this respect, the defendant is entitled to a reversal of the judgment.
Jenks, Rich and Miller, JJT., concurred; Hooker, J., not voting.
Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event.