32:T47c,{"@context":"https://schema.org","@type":"Legislation","name":"Glauber v. Patof, 294 N.Y. 583","datePublished":"1945-07-19","legislationDate":"1945-07-19","citation":"Glauber v. Patof, 294 N.Y. 583 (NY 1945)","countryOfOrigin":"USA","jurisdiction":"New York Court of Appeals","description":"Read the full text of Glauber v. Patof (Glauber v. Patof, 294 N.Y. 583 (NY 1945)). This legal opinion, filed in 1945-07-19, from the New York Court of Appeals discusses important legal matters. Access this case and related legal documents on Midpage, an AI-powered legal research platform.","mainEntityOfPage":{"@type":"WebPage","@id":"https://app.midpage.ai/document/glauber-v-patof--3588809"},"author":{"@type":"Organization","name":"Midpage"},"publisher":{"@type":"Organization","name":"Midpage"},"url":"https://app.midpage.ai/document/glauber-v-patof--3588809","isPartOf":{"@type":"WebSite","name":"Midpage","url":"https://app.midpage.ai"},"inLanguage":"en","keywords":"legal, opinion, document, research, midpage, Glauber v. Patof, New York Court of Appeals, Glauber v. Patof, 294 N.Y. 583 (NY 1945)","isAccessibleForFree":true,"isFamilyFriendly":true}34:T4d1, Per Curiam.

There was no support in the evidence for the finding that the general membership of the Weber & Heilbroner Employees’ Benevolent Association knew or approved of the irregularity in the expulsion of the plaintiffs or that there was fraud or bad faith on the part of the membership ás a whole. In the absence of such evidence, the court was without power to award a recovery of damages as against an unincorporated association. (General Associations Law, §§ 13, 15, 16, 17; Browne v. Hibbets, 290 N. Y. 459, 467.)

The judgments, so far as appealed from, should be reversed; the fourth and fifth decretal paragraphs should be stricken from the judgment of the Special Term; and the complaint, insofar as it alleges a cause of action for money damages should be dismissed, with costs to appellant in this court.

Lehman, Ch. J., Loughran, Lewis, Conway, Desmond, Thacher and Dye, JJ., concur.

Judgment accordingly.