Taneo Fukuchi v. Yusan Takeshige

PLUMMER, J.

The plaintiff above named and thirteen others began this action against the defendant above named and fifteen others to obtain an injunction restraining the defendants from acting as directors of a certain voluntary Association of Japanese of Pasadena; also, for an accounting. Judgment was entered on the pleadings, in favor of

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the defendants, and from this judgment the plaintiffs appeal.

The record shows that the Japanese Association of Pasadena is an unincorporated, voluntary, nonprofit association, organized for the purpose of promoting friendship among its members and a more mutual and friendly understanding between Japanese and Americans. The association appears to have adopted by-laws, which by-laws, however, are not set forth in the transcript. It would appear from the complaint that the by-laws provided for the payment of certain dues by its members to defray the expenses of the association. It is alleged in the complaint that the association has-over two hundred members; that this action is prosecuted for the benefit of the association. The complaint further shows that the plaintiffs and appellants in this action claim to have been elected directors thereof at the annual meeting of the association held on or about January 23, 1927; that the term of office of the directors so elected would expire on the twenty-third day of January, 1928. The complaint further shows that thereafter, and on or about the seventh day of February, 1927, at a “called” meeting of the association, alleged to have been called without any authority, and not in accordance with the provisions of the by-laws of the association, the defendants herein claim to have been elected directors of said association for the period above mentioned. It is then alleged in the complaint that the defendants so claiming to be elected directors of the association proceeded to take charge of the business of the association, and at the time of the filing of the complaint were in charge of the business of the association; that as such directors the defendants had collected in dues and donations the sum of about two thousand dollars. The part of said sum constituting donations, the exact amount of which is not alleged in the complaint, was for the purpose of holding a picnic in the month of March, 1927. While the complaint alleges that the association has been damaged in the sum of two thousand dollars, being the sum alleged to have been collected by the defendants as dues belonging to the association, there is no showing in the complaint that the defendants have not accounted to the association for every dollar collected, nor is there any alie