Schlaffer v. Independent Radom Aid Ass'n — 94 N.Y.S. 1162

Majority

p. 1162

SCHLAFFER, Respondent, v. INDEPENDENT RADOM AID ASS’N, Appellant.

(Supreme Court, Appellate Term.

June 22, 1905.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Fourth District. Action by Samuel Schlatter against the Independent Radom Aid Association. From a judgment in favor of plaintiff, defendant appeals.

Reversed.

Engel, Engel & Oppenheimer, for appellant.

Schleimer & Schleimer, for respondent.

What was required to constitute a person de jure president of- the defendant the evidence does not disclose, and so it is not possible to say that Diamond was the de jure president. Some mention is made of an election by majority vote and an ability to read and write. If these were the requirements, there is no evidence that Diamond possessed the latter. ' That Diamond was not de facto president the evidence seems to show. As the plaintiff relied upon Diamond’s authority as president to bind the defendant, there will be a reversal of the judgment, and a new trial granted, with costs to appellant to abide the event.