Peyre

— The plaintiff sued the defendant, a corporation of which he was a member, for damages. The complaint was demurred to as showing no cause of action. The demurrer was sustained, and the plaintiff refusing to amend, final judgment went in favor of the defendant, from which the plaintiff prosecutes this appeal.

The corporation appears from the complaint to be a benevolent association “ for a purpose where pecuniary profit is not their object.” It has no capital stock, nor any property, except five thousand dollars in cash, a fund made up of sums received from time to time of its members, from fees, fines, and assessments, which fund is under the control of the association, “to be used by it for benevolent purposes, to wit, in and about pecuniarily aiding and sustaining those of its members who become sick or distressed.”

It is not alleged that the plaintiff is either sick or distressed.

One of the articles of the constitution or instrument of association of the corporation is:—

By virtue of this article the plaintiff was suspended from membership in this benevolent association for the period of five years, and on this account he seeks to recover, in this action, damages against…