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Cook v. Benson

59 N.Y.S. 1101 Court N.Y. App. Term Decision date 1899-07-26 English

Delivered by LEVENTRITT, J.

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p. 1101
COOK, Respondent, v. BENSON, Appellant.
(Supreme Court, Appellate Term.
July 26, 1899.)

Headnote

Action by Joseph E. Cook against A. Benson, as president of Local Union, No. 64, of the United'Brotherhood of Carpenters and Joiners of America. From a judgment for plaintiff, defendant appeals.
Reversed.
Michael J. Ho-ran, for appellant. Edward W. Searing, for respondent.

The decision rendered at the present term of this court in Jennings v. Society, 59 N. Y. Supp. 862 , disposes of the question raised on this appeal. The. by-law (here construed as reasonable is almost identical in terms with that in the case at bar. The judgment rendered in favor of the plaintiff could find support only in the unreasonableness of that by-law. The judgment must, therefore, be likewise reversed. Judgment reversed, with costs to the appellant. All concur.