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Bergdorf v. Live Wire Club
Citations: 222 Ark. 230; 258 S.W.2d 234; 1953 Ark. LEXIS 760Docket: 5-113
Court: Supreme Court of Arkansas; June 1, 1953; Arkansas; State Supreme Court
In 1942, the Live Wire Club was established in Eureka Springs, with Edna Bergdorf as its first President, a role she maintained until at least November 22, 1948. A dispute arose within the club regarding the ownership of real property, which led to claims from the appellees that Bergdorf resigned and subsequently formed a new club under the same name. The central issue in this case is whether Bergdorf actually resigned from the original club. Following her alleged resignation, Ethel Hill was elected as President of the original club, and Mae Farwell later assumed the position in 1951. Bergdorf argues she never resigned and claims to have been elected President of a separate club after being locked out of a meeting. In December 1951, the original club filed a complaint in Chancery Court asserting its identity and rights to property and funds, alleging that Bergdorf and her group were unlawfully using the club's name and interfering with its operations. The trial judge found in favor of the appellees, issuing an injunction against the appellants. Testimony indicated that Bergdorf had indeed resigned, supported by statements from club members and minutes from meetings. Despite Bergdorf's contradicting claims, evidence suggested a significant rift within the original club, leading to the conclusion that she had resigned. The Chancery Court's decision to affirm the original club's status and ownership was upheld.