Majority
p. 388(70 Hun, 193.) FREEDMAN v. CHAMBERLAIN. (Supreme Court, General Term, First Department. June 30, 1893.) Argued before VAN BRUNT, P. J., and FOLLETT and BAR, RETT, JJ.
Headnote
Club Dues—Insolvency—Collection by Receivee.A member of an incorporated club is liable for semiannual dues, payable in advance, though, after they are due, but before payment, the club becomes insolvent, and goes into the hands of a receiver.
Controversy between Andrew Freedman, receiver of the Manhattan Athletic Club, as plaintiff, and J. Chester Chamberlain, as defendant, submitted without action on an agreed statement of facts. This is a test case to determine whether members of the Manhattan Athletic Club are liable in law for their semiannual dues, payable in advance, January 1, 1893, the club having suspended in February, 1893, because of insolvency, and gone into the hands of a receiver. The Manhattan Athletic Club was organized in 1878, under the authority of chapter 267 of the Laws of 1875, entitled “An act for the incorporation of societies or clubs for certain lawful purposes.”
Judgment for plaintiff.
Stern & Rushmore, (C. E. Rushmore, of counsel,) for plaintiff.
Kenneson, Crain & Ailing, (A. B. Havens and Asa A. Ailing, of counsel,) for defendant.
Judgment should be rendered in favor of the plaintiff for $25; but, as costs on the submission of a controversy are always in the discretion of the court, I do not think costs should be directed in favor of the defendant. All concur.