Freedman v. Chamberlain — 54 N.Y. St. Rep. 282

Majority

p. 282

Andrew Freedman, Rec’r, Pl’ff, v. J. Chester Chamberlain, Def’t.

(Supreme Court, General Term, First Department,

Filed June 30, 1893.)

Headnote

Clubs—Liability of membees fob dues—Insolvency.

Members of an incorporated club, whose dues are payable semi-annually in advance, are liable for such dues although the club, after they become due, and before payment thereof, suspends because of insolvency.

Submission of case upon an agreed statement of facts to determine whether members of the Manhattan Athletic Club, which was organized under chap. 267, Laws 1875, are liable in law for their semi-annual dues, payable in advance January 1, 1893, the club having suspended in February, 1893, because of insolvency.

Stern & Rushmore (C. E. Rushmore, of counsel), for pl’ff; Kenneson, Crain & Alling (A. B. Havens and Asa A. Alling, of counsel), for def’t.

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.

Follett and Barrett, JJ., concur.