57 How. Pr. 87 | New York Court of Common Pleas | 1879
In case of violent dissentions and irreconcilable differences between the members of a voluntary association, judgment will be rendered at the suit of one or more members against all the others dissolving the society (Lafond agt. Deems, 52 How., 41). But no action will be entertained for such a purpose upon mere proof of differences of opinion, bad temper, the ordinary disputes common to such societies; nor upon proof of injuries, or injustice sustained by one member, through the action or vote of the society if he have another remedy.
In the case of the society now before the court, the constitution provides that it shall not be dissolved so long as five members favor its continuance. Such provision is controlling in an action to obtain a decree of dissolution, and if five members oppose a dissolution when the vote is put in the
The members must be held to their contract, as expressed in the constitution, by-laws or rules of their society (White agt. Brownell, 2 Daly, 329). This society was never dissolved under the provisions of its constitution. On April 28, 1878, a resolution was adopted, “that from to-morrow (Monday), the twenty-ninth of this month, this association make no more payments, the meetings be suspended, but, as soon, however, as the bank makes payments, the secretary shall, through notice, call the members respectively to the present meeting room. The whole money of the association shall be equally divided between all seventy-eight members, after deducting ” (the debts to sick members and other expenses). “As without doubt, the defunct bank will make different payments in installments, so the money shall be divided and payments continued respectively in the manner designated. On the last payment and the repective divisions, the complete dissolution shall be permanently decided. The several boobs and documents will, for the present, remain in the possession of the usual officers. The sum of six dollars and forty-eight cents still in the hands of the treasurer, the full extent of the money shall be paid to brother Mangold.”
These resolutions were induced by the failure of the bank in which the society kept its funds. Leaving the question of “complete dissolution” to be decided at a future time, the members voted to divide the funds, when obtained, among themselves.
Had plaintiff asked for an injunction to restrain that distribution, he might have been heard, but his action was commenced after the members had got together again and voted to contmue the society and to revoke the previous resolution.
This last vote was taken in a regular quarterly meeting day of the society, held on May 6, 1878, at the rooms of the society; a majority of the members then and there assembled, pursuant to a call, to form a new society, but finding them
,k The plaintiff complains, however, that he was unjustly stricken from the roll of members for alleged default as to dues. Even if he were, such injustice affords no ground for paralyzing the society by in junction until his wrong is righted. It may be that the court will entertain his complaint to do him justice on that point if a wrong has been committed, but manifestly he has no right to injunction. This view applies to all the defendants who join in plaintiff’s prayer because of their expulsion for non-payment of dues.
The report of judge Dinkel, on the question of fact submitted to him, should be confirmed. The objections are not substantial. It would be unusual if with the fatiguing and unpleasant task he has had to perform he should have been able to avoid occasion for criticism, but his report seems to be justified by the evidence in every particular.
Injunction dissolved, with ten dollars costs. Report confirmed and motion for new hearing denied, with ten dollars costs.