Board of Commissioners of Charities & Correction v. Darge

The commissioners of charities and correction, when suing as overseers of the poor, must sue in their individual names, with their official designation added (Supervisors, &c., v. Stimson, 4 Hill, 136; Comm’ rs, &c., v. Peck, 5 Id. 215 ; Paige v. Fazackerly, 36 Barb. 392 ; Gould v. Glass, 19 Id. 179; Hill & Den. *374Supp. 279 ; Agent, &c. v. Rickeman, 1 Den. 279 ; Trustees, &c., v. Acker, 26 How. Pr. 263; Hathaway v. Town of Homer, 5 Lans. 273 ; Hart v. Benson, 18 How. Pr. 302). The “ board,” as such, lias no legal entity, and is incapable of maintaining an action. The statute calls these…