11 N.Y.S. 326 | N.Y. Sup. Ct. | 1890
The plaintiff sued as the president of a voluntary association, known as “Lodge No. 6 of the United Order of American Carpenters and Joiners,” to recover possession of the bank deposit book, and a deposit amounting to the sum of $350 in the Union Dime Savings Bank, to the credit of the association. The right to maintain the action depended upon proof that the defendant Louis Cook, who had been elected president of the association, had vacated his office, and become a member of another association called the “Brotherhood of Carpenters and Joiners of America,” and intended appropriating the money to the use and benefit of this latter association. The fact that the plaintiff had become the president of Lodge No. 6 was put in issue by the answer, which alleged that the defendant Louis Cook had throughout continued to be the president of that association, and it also denied other allegations of the complaint, essential to the support of the action. By section 3 of