Methodist Episcopal Union Church v. Pickett
New York Court of Appeals
Appeal from the Supreme Court. Action to recover a subscription towards rebuilding the plaintiff’s church. On the trial at the Wayne Circuit before Mr. Justice Wells, the only question of any interest was, whether the plaintiff established its corporate character.
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Appeal from the Supreme Court. Action to recover a subscription towards rebuilding the plaintiff’s church. On the trial at the Wayne Circuit before Mr. Justice Wells, the only question of any interest was, whether the plaintiff established its corporate character. For this purpose it gave in evidence a certificate, duly acknowledged and recorded April 6, 1827, in these words: Agreeably to a law of the State of New York, passed on the 5th day of April, 1813, authorizing the incorporation of "churches, the male members of the Methodist Episcopal Union Church, agreeably to public notice given,…
1Opinion of the CourtSeeden, J.
The answer in this case having denied that the plaintiffs were ever incorporated as alleged in their complaint, it was incumbent upon them to prove their incorporation upon the trial. The defendant's counsel insists that the certificate introduced for that purpose, was insufficient to support the issue on the part of the plaintiffs; because the act for the incorporation of religious societies, requires certain preliminary acts in order to incorporate under it, which acts, being virtually conditions precedent to the creation of such a corporation, must be proved before its existence can be…
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