Gieske v. Anderson

Works, J., concurring.

I concur in the judgment on the ground that the plaintiff named shows his individual right to recover for the benefit of the association, but do not wish to be understood as agreeing to the proposition that this case is within section 382 of the Code of Civil Procedure, authorizing one person to sue for the benefit of himself and others. The facts alleged attempting to show such right should be treated as surplusage.