Phoenix Insurance v. Burkett
Missouri Court of Appeals
Appeal from the Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) An unincorporated religious society can not become indebted as such society. 20 Am. and Eng. Ency. of Law, p. 817. (2) Even if there was anything in the note to show the intention of the makers to bind the church as principal, yet as the church is not a person or a corporation, and could not be held in any way, the makers incurred a personal liability. Fay v. Richmond, 18 Mo.
Read the full summary
Appeal from the Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) An unincorporated religious society can not become indebted as such society. 20 Am. and Eng. Ency. of Law, p. 817. (2) Even if there was anything in the note to show the intention of the makers to bind the church as principal, yet as the church is not a person or a corporation, and could not be held in any way, the makers incurred a personal liability. Fay v. Richmond, 18 Mo. App. 355; Simmons v. R’y, 19 Mo. App. 542; Blakeley v. Bennecke, 59 Mo. 193; Hunt v. Salisbury, 55 Mo. 310; Burton v. Furniture Go., 31 S. W. Rep. 91.…
1Opinion of the CourtEllison, J.
*3Statement *2This action is on a promissory note given to plaintiff by S. J. Relso and John Lodge as premium on a policy of fire insurance issued by plaintiff to the “Trustees of the Cumberland Presbyterian *3Church.” The face of the note does not disclose what it was given for and it is signed by the ** parties aforesaid individually. It is however agreed that the note was signed by the parties as trustees for the church and that these parties had no further interest in the building than as members of the congregation. It is further agreed that the church is an “unincorporated voluntary…
2Cases cited2 opinions
- Heath v. GoslinSupreme Court of Missouri · 1883
- Lapsley v. McKinstrySupreme Court of Missouri · 1866
3Cited by5 opinions
- Jonesboro v. United Iron Works Co.Missouri Court of Appeals · 1906
- Baskowitz v. GuthrieMissouri Court of Appeals · 1903
- O'Neal v. Grand Lodge of the Brotherhood of Railroad TrainmenMissouri Court of Appeals · 1924
- Wald v. WaldMissouri Court of Appeals · 1906
- Hopkins v. HarlinMissouri Court of Appeals · 1905