Pestarino

The Corte Christoforo Colombo No. 8229, A. O. F., was granted a charter by appellant in 1894, was organized and continued to act as such until July 1, 1916, when, by unanimous vote of its members, it terminated *Page 713 its existence as a court of the Ancient Order of Foresters. It thereupon surrendered its charter and returned to appellant its books, regalia, and paraphernalia. The funds in its treasury were transferred to a corporation organized by members of the former court and designated "Corte Christoforo Colombo, No. 1, Universale Ordine dei Foresters." This corporation, however, has no connection with the Ancient Order of Foresters, and its organization was not sanctioned by that order. Demand was made by appellant upon the officers and members of the disbanded court for the payment of these funds into the sick and funeral fund of the high court, and when this was not done the present action was commenced against the officers and members of the court number 8229 and the new corporation for an accounting and the recovery of the moneys found to be held by defendants. Judgment went for defendants, and plaintiff brings this appeal. Appellant relies upon the provisions of…