Opinion

Matter of Koch

  • 257 N.Y. 318
  • 178 N.E. 545
  • 1931 N.Y. LEXIS 858
Court
New York Court of Appeals
Filed
Nov 17, 1931
Status
Published
Author
Pound
On the bench
Pound, Kellogg
Cited by
13 cases

The opinion

Pound, J.

(dissenting). The three trustees could be removed only for cause after notice and a hearing. They were removed summarily after a debate on a resolution which was not a trial on charges after notice. They did not waive their rights by opposing the adoption of the resolution. Such irregularities are subversive of the regular procedure in accordance with which a religious organization should operate and should not be tolerated.

Cardozo, Ch. J., Crane, O’Brien and Hubbs, JJ., concur with Kellogg, J.; Pound, J., dissents in memorandum in which Lehman, J., concurs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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