Congregational Society of Bethany v. Sperry
Supreme Court of Connecticut
This was an action on a promissory note, made by the defendant. The suit was commenced on the 18th of May, 1832. The defendant pleaded in abatement, that the writ was sued out and prosecuted without the authority of the society of Bethany. He also pleaded Non assumpsit. The plaintiffs traversed the first plea, on which issue was joined, and joined issue on the other.
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This was an action on a promissory note, made by the defendant. The suit was commenced on the 18th of May, 1832. The defendant pleaded in abatement, that the writ was sued out and prosecuted without the authority of the society of Bethany. He also pleaded Non assumpsit. The plaintiffs traversed the first plea, on which issue was joined, and joined issue on the other. The cause was tried, on these issues, at Now-Haven, at an adjourned term in October, 1833, before Williams, J. The suit was instituted and prosecuted, by Theophilus Smith, Hiram⅛ Hotchkiss, Miles Hitchcock, and Clark Hotchkiss,…
1Opinion of the CourtChurch, J.
Several questions affecting the rights and duties of towns and the religious and school societies in this state, of much practical importance, are presented by this record. This action was commenced, and is now prosecuted, by certain individuals claiming to be a committee of the ecclesiastical society of Bethany, in the name and for the benefit of that society ; and the defence, as it is presented by the facts alleged in the plea in abatement, as well as relied upon under *206the general issue, must abide the decision of the question, whether the individuals thus acting as committee, were legally…
2Cases cited3 opinions
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3Cited by13 opinions
- People ex rel. Stratton v. OultonCalifornia Supreme Court · 1865
- Hill v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1893
- Colt v. EvesSupreme Court of Connecticut · 1837
- Wheeling v. BlackWest Virginia Supreme Court · 1884
- Walsh v. State ex rel. CookSupreme Court of Alabama · 1917
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