Phipps v. Jones
Supreme Court of Pennsylvania
Error to the Common Pleas of Chester eounty. ' This was an appeal, entered to January Term, 1850, by the defendants in the action, from the judgment of a justice of the peace, in a suit by B. W. Jones and two others, trustees of the Doe Run Valley Church, v. Phipps and Harvey, administrators, &c., of Ellj| Phipps, deceased, in which suit the judgment of the justice was 'for the plaintiffs for $50 and costs.
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Error to the Common Pleas of Chester eounty. ' This was an appeal, entered to January Term, 1850, by the defendants in the action, from the judgment of a justice of the peace, in a suit by B. W. Jones and two others, trustees of the Doe Run Valley Church, v. Phipps and Harvey, administrators, &c., of Ellj| Phipps, deceased, in which suit the judgment of the justice was 'for the plaintiffs for $50 and costs. The plaintiffs declared in assumpsit, and the plea was non assumpsit, and payment with leave, &c. The suit was founded on a paper which, was signed some years prior to 1849, and was as…
1Opinion of the Court
The opinion of the Court was delivered, by
Lowrie, J.
There ought to be no doubt about the right of unincorporated religious societies to sue on a contract made with them in their associate capacity and for the legitimate purposes of their association, even though there be no persons named or described in the contract as trustees or committee-men on behalf of the society. Such associations have always, and especially since the Act of 1781, been recognised as having an associate and quasi corporate existence in law, with power to hold land and build appropriate houses, and of course with power…
2Cited by17 opinions
- Presbyterian Board of Foreign Missions v. SmithSupreme Court of Pennsylvania · 1904
- Liederkranz Singing Society v. Turn-VereinSupreme Court of Pennsylvania · 1894
- St. Michael & Archangel Russian Orthodox Greek Catholic Church v. UhniatSupreme Court of Pennsylvania · 1973
- Auburn Bolt & Nut Works v. ShultzSupreme Court of Pennsylvania · 1891
- Klein v. RandSuperior Court of Pennsylvania · 1908
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