36 N.J. Eq. 133 | New York Court of Chancery | 1882
The complainant, widow of James H. Nan Houten, deceased,, brings suit against an unincorporated society named The Masonic Mutual Life Insurance Company, of which her husband was, at one time, a member. The company is a voluntary association located in this state, and its object is, as its name imports, mutual life insurance. Its members are freemasons, of the de
As to want of parties: Only two of the members (one of them is the president, and the other the secretary and treasurer) are made parties to the bill. To require the complainant to make all the other members parties, would practically be so obstructive as substantially to put an end to the suit. But the practice of this court does not require it. In a suit in equity against an unincorporated company of numerous members to enforce a right against the whole body, it is not necessary to make all the members parties, but it is enough if so many be made parties as to insure a fair and honest trial. Story’s Eq. Pl. § 107. Here, though only two of the members are made parties, they are the persons who hold the offices of president and secretary and treasurer, and are manifestly enough to insure a fair trial of the matter in dispute.
Those parts of the bill which state the supposed circumstances of two alleged attempts to assassinate Yan Houten, and suggest that his death was the result of another, are impertinent. The bill does not charge or suggest that the company, or any of its members, had any connection with those transactions, or are in anywise responsible therefor. They have no relevancy whatever to the subject of the suit. On the argument the objection of the impertinence of this matter was discussed by the counsel of both sides, and was submitted to the judgment of the court. The subject will be dealt with under the two hundred and tenth rule, and the matter struck out. The demurrer will be overruled, with costs.