89 N.Y.S. 921 | N.Y. Sup. Ct. | 1904
The plaintiffs allege that they are members, of the Excelsior Literary Society, a membership corporation,, and bring suit against other members and the corporation. The relief prayed is that defendants be enjoined and restrained from disposing of the property of the corporation, or from using it, except as provided in the certificate of' incorporation, and from interfering with the plaintiffs in. the exercise of their rights as members, and from preventing their access to the rooms, and from attending and voting, at corporate meetings, and from interfering with certain of the plaintiffs as officers in the exercise of their powers and. duties; that the defendants be enjoined from admitting new members, except as provided by the constitution and by-laws,, and that certain of the defendants be enjoined from acting, as officers of the corporation, and that all acts done in violation of the plaintiffs’ rights be adjudged void. The answers; deny -that plaintiffs are members and. officers in good', standing and allege that plaintiffs have an adequate remedy at law. The corporation was organized under the Membership Corporations Law and its objects were defined in its-certificate of incorporation to be: “ To advance the mental development of the members by means of literary exercises,, debates and lectures and to foster sociability among its members; also to provide a clubroom or house for the use-of said members.” Some time after the incorporation a constitution was adopted pledging the support of the corporation to another organization formed for political purposes. The-corporation Subsequently appointed a committee to report-on the advisability of amending the. constitution so as to-withdraw the support of the corporation from this political organization. On September 29, 1902, the meeting, at which this committee was to report, was broken up and no-
Judgment accordingly.