Landers v. Frank Street Methodist Episcopal Church
New York Court of Appeals
This action was brought by a minister of the Methodist Episcopal Church, to recover an alleged balance of salary due him as defendant’s pastor. The case is reported, on a former appeal, in 97 N. Y. 119. Appeal from a judgment of the general term, affirming a judgment entered upon an order nonsuiting the plaintiff on the trial.
1Opinion of the CourtVann, J.
The defendant was organized pursuant to chapter 60 of the Laws of 1813, entitled “ An Act to provide for the incorporation of religious societies.” By section 8 of that statute it is enacted that nothing in said act shall be construed or taken to give to any trustee of any church the power to fix or ascertain any salary to be paid to any minister thereof, “ but the same shall be ascertained by a majority of persons entitled to elect trustees, at a meeting to be called for that purpose, and such salaries, when fixed, shall be ratified by the said trustees, or a majority of them, *269by an…
2Cases cited3 opinions
- Landers v. Frank Street Methodist Episcopal ChurchNew York Court of Appeals · 1884
- Constant v. Rector, Wardens & Vestry of St. Albans ChurchNew York Court of Common Pleas · 1872
- Cammeyer v. Corporation of United German Lutheran ChurchesNew York Court of Chancery · 1844