Van Vlieden v. Welles
New York Supreme Court
THIS was a special action of assumpsit, brought against the defendants, as survivors of Benjamin Myer, ^ " jun. and John Fan Leuden, deceased, who, together with the defendants, were, on the 2d day of July, 1793, the elders and deacons of the Kaatsbaan congregation of the Low Dutch reformed church, in the town of Kintrston, in Ulster county.
Read the full summary
THIS was a special action of assumpsit, brought against the defendants, as survivors of Benjamin Myer, ^ " jun. and John Fan Leuden, deceased, who, together with the defendants, were, on the 2d day of July, 1793, the elders and deacons of the Kaatsbaan congregation of the Low Dutch reformed church, in the town of Kintrston, in Ulster county. On the 2d fuly, 1793, when the ’ J J congregation of Kaatsbaan were not incorporated, the defendants subscribed a written paper, or call, inviting the plaintiff to become the settled minister of the congregation, and stating the nature of the services to…
1Per curiam
The contract upon which this suit is brought was dated the 2d July, 1793. It was subscribed by the defendants and others, in the character of elders and deacons of the church, though they were not, at that time, an incorporated body. They were consequently bound in their individual capacity. The case admits that the plaintiff was paid his salary, yearly, by the elders and deacons, for the time being, from the time of the contract, until the 2d May, 1804. One half of the elders and deacons were annually chosen; and it was therefore not the identical defendants who originally made the contract,…
2Cited by1 opinion
- Jennings v. ScarboroughSupreme Court of New Jersey · 1894