Brockway v. Allen
New York Supreme Court
Demurrer to pleas. The plaintiff declared, alleging that, the defendants, “ Trustees of the first Baptist Society of the village of Brockport,” on, &c., at, &c. made a promissory note, whereby they promised to pay him $260, in one year from, &c., in the usual form of a count on a promissory note. The declaration also contained the common counts.
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Demurrer to pleas. The plaintiff declared, alleging that, the defendants, “ Trustees of the first Baptist Society of the village of Brockport,” on, &c., at, &c. made a promissory note, whereby they promised to pay him $260, in one year from, &c., in the usual form of a count on a promissory note. The declaration also contained the common counts. The defendants pleaded, 1. That at the time of the making of the promises, &e., they, the defendants, were the trustees of a religious society in the county of Monroe, duly incorporated, by the name of “ The First Baptist Church and Society of the…
1Opinion of the Court
By the Court,
Cowen, J.
The principle of these pleas is doubtless correct. (Randall v. Van Vechten, 19 Johns. R 60.) The question is, whether the matter intended is sufficiently set forth, The defendants gave a promissory note, for value received, and in this note they called themselves trustees of. “ The First Baptist Society.” Prima facie they were personally liable. (Taft v. Brewster, 9 Johns. R. 334.) Their answer is, that they were trustees of “ The First Baptist Church and Society,” &c., and as such gave the note for a precedent debt due from the corporation. Trustees, as such, are a…
2Cited by46 opinions
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- Society of Shakers at Pleasant Hill v. WatsonCourt of Appeals for the Sixth Circuit · 1895
- Whitford v. . LaidlerNew York Court of Appeals · 1883
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