The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-03-10

the courts of this state a party must, in
the absence of statutory provisions to the
contrary, be either a natural or artificial
person.
, Second-Voluntary unincorporated as
sociations. not engaged in some business
enterprise, can neither sue nor be sued
in their association name. Actions IN
which such associations are involved
must be brought in the names Of the
members.
Third-GeneraI statutes, 1894. sec. SLIT,
construed and held to apply to business
associations and to authorize an action
against. but not by, such associations in
their common name.
Fourth-The st. Paul Typothetae is an
unincOrporated association of persons,
firms and corporations engaged in the
printing and bookbinding trade. The as
ISOLATION is not engaged In such business,
nor is 1T IN employer Of labor. The sole
purpose and object of it's organization is
the promotion Of the interests of it's
members in the matter of employment Of
workmen and entering into, as their rep
resentative and in their behalf, contracts
with their employees. It is held that It
has no legal capacity to sue and cannot
maintain an action for a breach of a
contract made by it on behalf of it's
members with their employees.
Fifth-The st. Paul Bookbinders' union
No. 81, Is an u~nincorporated association
Of employees organized for purposes sim
liar to that of the Typothetae. 1t is not
a business concern; the member are Ia
borers In the printing and bookbinding
business, but do not labor for the asso-
citation, but for themselves, and the sole
object and purpose of the association is
the promotion of the interests and well
fare OF its members. 1t is held that it Is
not. within the meaning Of sec. SLIT, G. S.
1884, a business association, and cannot
be sued In It's association name. The
members thereof are liable for
breach Of contract made for them by the
association, If lfabl at all, on the law OF
principal and agent. and must be pro.
ceeded against individually.
S1Xth-Whether the complaint states
cause Of action against the individual
members of the. union in favor of the
West Publishing company, it is not pre-.
scented and not decided. =
The order of the court below overruline
the demurrer as to the Typothetae is re.
Versed; that sustaining the demurrer a.
to the West Publishing company agains
he union, as such, is affirmed.
Brown, J.
Russell Sage Gets New Trial.
p. G. M. Rand, respondent, VS.. Russell
sage. as assignee in trust of the Hasting;
& Dakota Railway company, appellant.
Plaintiff having testified that %defendan
owed him for services earned at a dat
prior to his adjudication as a. bankrupt
1t was proper to receive in evidence. as
part of the cross-examination, the SEIZED
ules of property filed by him in bankrupt
cy proceedings for the purpose of testin
plaintiffs credibility as a witness.
Upon the adjudication of a bankruu
title to his property passes from him a
once and is conditionally vested in tn
court, pending the appointment of a trus
tee, or until the estate is finally closed q
abandoned by the creditors. 1t havin
been shown that plaintiff was adjudge
a bankrupt, that the claim sue
upon. had not been scheduled b
him in such proceedings. that no trus
tee in bankruptcy had been appointe
by the creditors, and that the bankruI
had been discharged, but it not appear
ing whether the court had subsequent
exercised jurisdiction over the estate, nc
whether the estate had been duly close
or abandoned by the creditors, such fact
did not. as a matter of law, operate /
~revest the title in plaintiff.
1t was error to refuse to- instruct til
jury that plaintiff could not recover Il