5 Daly 452 | New York Court of Common Pleas | 1874
This judgment will have to be reversed. It was brought to recover $70, to which the plaintiff claimed to be entitled from an unincorporated association of individuals, due to him as a member of the association in weekly payments of $5 a week, for fourteen weeks during which he was sick. The plaintiff has not sued the members of the association, nor could he in an action at law, unless the right to do so was given by the conditions of the agreement under which the parties were united into a body (Habicht v. Pemberton, 4 Sandf. 658 ; White v. Brownell, 2 Daly, 356, 358 ; McMahon v. Rauhr, 3 Id. 116; same case on appeal, 47 N. Y. Rep. 71). He may have a remedy against the individual members of the association in equity, but no such remedy could be applied in the present action, as the district Justices’ Courts have no jurisdiction in equity.
The only way in which an action at law could formerly be brought against an unincorporated association, was by an action against them as individuals, brought by a plaintiff who had a
Loew and J. F. Daly, JJ., concurred.
Judgment reversed.