Taft v. Brewster
New York Supreme Court
THIS was an action brought against the defendant, and Thaddeus Loomis and Joseph Coats, on a bond dated the 16th of Aprils 1810> by which the defendants, “ by the name and description of' ^ac0^ Brewster, Thaddeus Loomis and Joseph Coats, trustees of the Baptist Society of the town of Richfield” acknowledged themselves bound to the plaintiff in the sum of 3,600 dollars, to be paid, conditioned, that if the defendants, as trustees of the Baptist Society of the town of…
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THIS was an action brought against the defendant, and Thaddeus Loomis and Joseph Coats, on a bond dated the 16th of Aprils 1810> by which the defendants, “ by the name and description of' ^ac0^ Brewster, Thaddeus Loomis and Joseph Coats, trustees of the Baptist Society of the town of Richfield” acknowledged themselves bound to the plaintiff in the sum of 3,600 dollars, to be paid, conditioned, that if the defendants, as trustees of the Baptist Society of the town of Richfield, their heirs, &c. should pay the plaintiff the sum of 1,800 dollars, with interest, at the several times therein…
1Per curiam
The bond must be considered as given by the defendants in their individual capacities. It is not the bond of the Baptist church; and if the defendants are not bound, the church certainly is not, for the church has not contracted either in its corporate name, or by its seal. The addition of trustees to the names of the defendants is, in this case, amere descriptio personamm. But there is one special cause of demurrer well taken, and that is, that the declaration is double, in assigning two distinct breaches^/ Several breaches may be assigned, under the statute, oirs. bond for the performance…
2Cited by35 opinions
- Schmittler v. . SimonNew York Court of Appeals · 1886
- Mott v. HicksNew York Supreme Court · 1823
- Bank of Genesee v. . Patchin BankNew York Court of Appeals · 1859
- Whitford v. . LaidlerNew York Court of Appeals · 1883
- Sperry v. FanningIllinois Supreme Court · 1875
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