Malerba v. Friars Minor of the Order of St. Francis
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Porino V. Malerba, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 16th day of February, 1917, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Dissent
Laughlin, J. (dissenting):
I am unable to concur in the rules of law stated by Mr. Justice Smith as applicable to religious corporations, or in the reversal of the judgment.
The plaintiff is an artist. He brought this action to recover damages for the breach of a contract by which he claimed to have been employed to paint and decorate the interior of the Church of St. Anthony, located at No. 154 Sullivan street, in the borough of Manhattan, New York. The defendant was created a religious corporation by chapter 408 of the Laws of 1871 and was thereby authorized, among other things, to erect,…
2Cases cited5 opinions
- People's Bank v. St. Anthony's Roman Catholic ChurchNew York Court of Appeals · 1888
- Jemison v. Citizens' Savings Bank of JeffersonNew York Court of Appeals · 1890
- Catholic Foreign Mission Society of America v. OussaniNew York Court of Appeals · 1915
- Karsch v. Pottier & Stymus Manufacturing & Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Constant v. Rector, Wardens & Vestry of St. Albans ChurchNew York Court of Common Pleas · 1872