White v. Miller
New York Supreme Court
Appeal from a judgment, entered upon the report of a referee, in favor of the plaintiffs. In, and prior to the year 1867, the defendants were trustees of a mutual society of the people, commonly called Shakers, which was located at Niskayuna, in the town of Watervliet. Its constitution provided for the appointment of “trustees or agents,” and that they should execute declarations of trust, which they had done.
Read the full summary
Appeal from a judgment, entered upon the report of a referee, in favor of the plaintiffs. In, and prior to the year 1867, the defendants were trustees of a mutual society of the people, commonly called Shakers, which was located at Niskayuna, in the town of Watervliet. Its constitution provided for the appointment of “trustees or agents,” and that they should execute declarations of trust, which they had done. In 1867 and 1868, the plaintiffs were market gardeners, residing and doing business in Greenbnsh. In the fall of 1867, Chauncey Miller, one of the defendants, had eonvei’sations with…
1Opinion of the Court
Learned, P. J.:
The first question to be considered is, whether this action is properly brought against these defendants, even assuming that a right of action exists.
The United Society of Believers, called Shakers, residing in Watervliet, consists of a number of men and women who have, by a written agreement, as well as by their acts, united themselves into “ a religious and social community.” For that purpose they have adopted a covenant or constitution. Some of this touches on religious matters, some on business affairs. Each person joining the society is to sign the covenant.
After providing…
2Cases cited11 opinions
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Duvall v. CraigSupreme Court of the United States · 1817
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Hawkins v. . PembertonNew York Court of Appeals · 1872
6 more not listed; retrieve them via the Exa API.