Opinion
December 16, 1948
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, MARGARET M. BURNET, J.
H.R. Korey and Emanuel Tacker for appellant.
Nathan Tolk for respondent.
Plaintiff could only recover in accordance with the defendant's constitution and by-laws. The charge did not submit adequately the only issue open under the by-laws — that of the good faith of the determination against the plaintiff's claim.
The judgment should be reversed and new trial ordered, with $30 costs to appellant to abide the event.
HAMMER, HOFSTADTER and PECORA, JJ., concur.
Judgment reversed, etc.