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Kohler v. Klein

39 Misc. 353 Court N.Y. Sup. Ct. English

Delivered by Gaynor, J.:

Contents

Majority

p. 353
John Kohler, Plaintiff, v. Ernst Klein, as President of Goethe Mannie No. 38, Deutcher Orden Harugari, Defendant.
(Supreme Court, Kings Special Term for Trials,
December, 1902.)

Headnote

Jurisdiction — Of an illegally expelled member’s action for reinstatement in Ms benefit order — Meaning of a “ decision of the order The Supreme Court has jurisdiction of an action to reinstate in a subordinate lodge of a benefit order a member expelled therefrom without notice or hearing, although the constitution of the order provides that any member “ who deems himself aggrieved by a decision of the order is within three months entitled to appeal to the grand committee ”, and this because such an illegal expulsion is not to be deemed or dignified as a “ decision ”.
p. 354
Action for reinstatement to a subordinate lodge of a beneficial association which paid death benefits out of a fund made up of dues and assessments paid by the members.
August P. Wagener for plaintiff.
Peter P. Huberty for defendant.

The plaintiff was expelled without notice or hearing from a subordinate lodge of the order. The defendant objects to this court taking jurisdiction of the case, on the ground that the plaintiff by his contract with the defendant is given the right to appeal to a higher authority in the order, and has not done so. The constitution of the order provides that any member “who deems himself aggrieved by a decision of the order is within three months entitled to appeal to the grand committee.” I do not think the expulsion of the plaintiff without notice and hearing was a “ decision ” within the meaning of this provision (People ex rel. Deverell v. Musical Union, 118 N. Y. 101 ). It contemplates a decision of some question lawfully up for decision.

Judgment for the plaintiff, with costs.

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