14 N.Y.S. 76 | N.Y. Sup. Ct. | 1891
The defendant is a social organization incorporated under the laws of this state. The relator was a member and the treasurer of the club, and was expelled by the board of governors by resolution, after an alleged trial in which he refused to participate. There was an appeal taken from the action of the club, which was confirmed at a meeting of the members thereof, and, this application having been made for a mandamus to restore the relator to his office as treasurer, and also to his membership, the court refused to restore him to his office, but ordered him to be reinstated as a member. It appears that the principal ground upon which the decision of the court below proceeded was because a certain by-law of the club had not been complied with. Such by-law reads as follows: “Sec. 2. If the conduct of a member shall appear to the house committee to be disorderly, in violation of the rules, prejudicial to the interests or character of the club, or contrary to its.by-laws, the committee shall inform him thereof in writing, and if the nature of the offense, in its opinion, requires it, request him to resign. If such information or request be disregarded, the house committee shall refer the matter to the next regular meeting of the board of governors, or to a special meeting thereof, of which reference written notice of not less than two weeks shall be given to the offending member.” The constitution of the club contains the following provisions: “Section 1. The board of governors shall have power to censure, suspend, or, by a two-thirds vote of members present, expel any member charged with conduct which, in the estimation of the board, is prejudicial to, or which may endanger the welfare, interest, or character of, the club. Sec. 2. All charges of misconduct against any member must be presented to the governors in writing by the house committee, to whom all complaints must first be made. Ho penalty, however, shall be enforced against any member of the club until after ten days’ previous notice in writing has been given to such member, specifying the charges against him, and he shall have been given an opportunity to be heard by the board in his own defense.” And although by this provision of the constitution all charges of misconduct against any member must be presented to the governors in writing by the house committee, yet we think it was in no way intend