Legal Opinion

Dennison v. Austin

Wisconsin Supreme Court

Decided May 15, 1862PublishedCited by 8 opinions

APPEAL from tbe Circuit Court for Milwaukee County. This was an action by tbe assignee of Liana Taylor, against tbe defendants personally, as tbe makers of a note of which the following is a copy: “ $1545. Milwaukee, April 1st, 1858. One year after date, for value received, we, as tees of the Summerfield M. E. Church, for and in behalf of the said church, ^promise to pay Diana Taylor the sum of fifteen hundred and forty five dollars, with interest at the rate of twelve per…

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APPEAL from tbe Circuit Court for Milwaukee County. This was an action by tbe assignee of Liana Taylor, against tbe defendants personally, as tbe makers of a note of which the following is a copy: “ $1545. Milwaukee, April 1st, 1858. One year after date, for value received, we, as tees of the Summerfield M. E. Church, for and in behalf of the said church, ^promise to pay Diana Taylor the sum of fifteen hundred and forty five dollars, with interest at the rate of twelve per cent per annum, payable semi-annually. Geo. F. Austin-, Edward Emery, M. Steever, W. A. OhapmáN, E. P. Elmore, Trustees…

1Opinion of the Court

By the Court,

PAINE, J.

We think the judgment in this case must be affirmed upon tbe ground upon which it was decided by tbe court below. Whatever might be tbe conclusion to be derived from tbe authorities, as to tbe personal liability of tbe trustees, in case they bad bound tbe church, it is conceded tbat if they did not bind tbe church, they bound themselves. Now tbe court below held tbat their action was not binding upon tbe church, for tbe reason tbat it was not taken in tbe manner prescribed by law, and tbat there was in fact no authoritative action by tbe trustees as a body. Tbe evidence…

2Cases cited1 opinion

  1. Archer v. Board of CommissionersIndiana Supreme Court · 1834

3Cited by8 opinions

  1. Germania National Bank of Milwaukee v. MarinerWisconsin Supreme Court · 1906
  2. United Brethren Church v. VandusenWisconsin Supreme Court · 1875
  3. Fredendall v. TaylorWisconsin Supreme Court · 1868
  4. Hardy v. CarterCourt of Appeals of Texas · 1914
  5. Leonard v. LentWisconsin Supreme Court · 1877

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