New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-10-06
MIR, LoUBATs COMPLAINT.
HIS SUIT AGAINST THE UNION CLUB.

AN EXTENSION OF TIME SECURED BY THE CLUB
ALLEGATIONS OF THE CONFERENCE.-The ExPUL-
SION DECLARED UNLAWFUL
The Union Club has secured an extension OF time
In which to put In its answer to the complaint
served by J. F. Loubat in his suit against the club
Mr.. Loubats demand that the resolution OF expul-
sion pronounced against him by the Governing
Committee be declared null and void will be argued
in the Supreme Court on October 20. The extern
sion of time was granted because OF the continued
absence from town of many members of the Govern
ing Committee 1t Is not believed that there VIII
be any further delay in the matter J. H. Choate,
Mr.. Loubats counsel declares that il is very SIM
pie case and seems to entertain no doubt but that
speedy and successful result viii be reached
The complaint recites the history OF the
affair with much new and interesting detail, and
indicates very clearly the position which the plain
tiff will take in the attempt to secure his reinstate-
ment The action is taken against Herman X. Le-
roy the treasurer of the club and all its members.
under section 919 of the Code Of Civil Procedure.
The Union Club. it appears from the complaint, Is
an unincOrporated association. owning the large
building at Fifth-ave and Twenty-frst-st., which
1t uses for clubhouse. This property
is vested in certain trustees, to be
held for the members OF the club
and transferred by them OF their as may
also has large amount of very valuable furniture
in the club house. and main tans there restaurant,
dinlng-r0om, a readIng-room and other conven-
fences for the exclusive use Of It's members. The
rights and privileges pertaining to membership are
stated to be of great value.
Mr.. Loubat proceeds to set forth that he has been
member of the club since September 20, 1871. and
that he has "in all respects cOnformed at all times
to its rules and regulations" On March
%, 1880, he became q life member,
under section of the constitution which
provides that any member may become
a life member by the payment of 81 900, which
| amount is appropriated to the liquidation of the
mortgage debt of the club Mr.. Loubat paid his
81 ,000 andit was applied the constitution di-
reefs and he claims that he has ever since been
and now is such life member, and has been and Is
entitled TO all the estate and property, rights and
interests in all the real and personal property Of
said club pertaining to such life membership for the
term of his natural life and that under the con-
stltution, such life membership could not be put an
end to by the Governing Committee"
The complaint proceeds as follows:
That said constitution is in writing and provides
for the government and management OF the club by
the Governing Committee under and within certain pre-
scbed and limited powers in said constitution set forth
which committee is 10 be elected IN three equal classes
| in successive years The said constitution further
vests in the said Governing Committee power
| to expel members other than life members),
| but only by ballot by two-thirds vote
| OF the Governing Committee and not otherwise, and
only for conduct OF member which not N violation
Of the constitution the rules. but improper and
prejucal TO the club" and also to make rules for the
OF the club by the members Including life members)
and Tor their conduct in the club house. and Tx penalties
for violation OF the rules and to enforce the same ana to
remit such penalties.
Dir LOubat then relates that he received notice
of his expulsion on May 20 1852, from the secretary
Of the club. 1t was exceedingly short and read as
| follows:
Extract from the minutes Of the meeting OF the Gov
| -,
Whereas Upon the report or the committee. and the
evidence adduced, IT appears that j. f. Louba been
guilty Of conduct improper and preudcia to the club
Resolred, That he be expelled from the membership
| OF the club"
This was signed by o. K. King. secretary, and
| certified TO be a true CODY Mr. LOubat saws that
a result of these proceedings the officers of the
| club threaten and assume to exclude him from the
| Union Club House and from the enjoyment for the
rest OF his natural life of the rights and privileges
belonging to him As a life member. The reasons set
down for holding that this attempted expulsion
| Is null and void are indicated by the manner IN
| which the facts of the Case have been presented.
| 1t is asserted that as life member Mr. Loubat
could only be expelled by the club itself and by
the Governing committee. Mr.. LOubat also claims
that he had sufficient notice Of the charges made
| against HIM, aud that no opportunity gwen
! him to defend himself. The only iutimatlOn
OF the fact that his conduct undergoing exam
| inatiOn was note from Frederic Sheldon, who was
chairman of the sub -comml tee of five appointed to
take testimony in the case. The note invited him
| to appear before the subcommittee. Mr. Loubat
| says that at the time he received this communica-
| ton - there was IN fact personal difficulty be-
| tween himself and Henry Turnbull but that IL had
| no relation to the club, and concern of the
| Governing Committee. however, he appeared at
this meeting, and testified TO the facts IN this
personal quarrel. But he alleges that Tumbull was
called subsequently TO give testimony to the same
| facts, and he Loubat was never allowed TO hear
| this testimony, TO say anything IN
| answer TO it, Mr.. LOubat alleges, further
! more. that the resolution of expulsion was not
| passed by twO-thirds OF the Governing Committee,
| as required by the constitution. AS matter of
fact only fourteen votes were cast III favor of its
| passage. OF these fourteen members the plaintiff
charges thai several disqualified to sit in udg
| ship and by being personally interested
and actively participating IN the quarrel
| on TurnbuPs side" and that they had
been actively aiding and abetting' Turnbull
| against him (L0ubatj. The conclusion which Mr..
| Loubat draws is that the committee could not de-
| cde in good faith on the matter because OF their
| personal hostility TO him ana their partiality for
| MT Turnbuli. He states that several members pub
liciy announced their determination 10 vote his
! expulsion before they went into the meeting and
| before they had heard the report of the sub-cOm-
mIt,ee of i've
Tie complaint declares that by reason of the ex-
puislOn the plaintiff will not only suffer important
| deprivation of property rights, but that the an
| uouucemeut of IL " is defamng his good name and
| exposing aim 10 the ObOquy of the community"
Mr. LOuOat in CONCLUSION expresses his opinion that
unless restrained the defendant Will put INTO force
the resolution of expulsion, and prays that 1t may
| be declared unlawful, and that he may have such
other judgment, order or relief may be proper,
| and may recover his costs 10 the action.