Pitcher v. Board of Trade

Citations

• 121 Ill. 412
• 13 N.E. 187

Syllabus

<p>1. Corporation—expulsion of members—powers—conclusiveness. Where a person becomes a member of a corporation, under and subject to-the conditions of its charter, and agrees to be governed by its rules and regulations and by-laws passed in pursuance of the charter, among which is one-providing for the trial and expulsion of members for certain causes, and he-is charged with one of the offences named, and expelled, and the proceedings, against him appear to have been regular and in accordance with such rules, and regulations, the sentence of expulsion will be conclusive on him, the-same as the award or judgment of any other tribunal, and the merits of the-expulsion can not be inquired into by the courts.</p> <p>2. Board of Trade of Chicago—expulsion of members—powers of the board—how far its action conclusive. Under section 6 of the charter of' the Board of Trade of the city of Chicago, which provides that the corporation “shall have the right to admit or expel such persons as they may see fit, in the-manner to be prescribed by the rules, regulations and by-laws thereof, ” the-corporation may properly adopt a rule providing for the trial and expulsion of a member for a violation of its rules, by its board of directors; and such, expulsion will be binding and conclusive on such member, he having agreed, to submit to and observe ail such rules, regulations and by-laws as might be-adopted. It is not essential to the validity of the act of expulsion, that the-power should be exercised by the body of the corporators themselves, rather-than by the board of directors.</p> <p>3. So where a member of the board of trade in the city of Chicago has been-tried and expelled on charges of misconduct preferred in accordance with its-rules and regulations, to which he has assented, and by which he has agreed to be bound, the judgment of expulsion will be binding on him, and can not be collaterally attacked in the courts of law, on the ground that two of the directors trying him were