First Baptist Society v. Rapalee
New York Supreme Court
This was an action of assumpsit, tried at the Yates circuit in November, 1835, before the Hon. Daniel Moseley, one of the circuit judges. The suit was brought for the recovery of $75 subscribed by the defendant towards the building of a church. The subscription paper bears date 1st July, 1833, and the promise to pay contained in it is to “ The Trustees of the First Baptist Church.”
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This was an action of assumpsit, tried at the Yates circuit in November, 1835, before the Hon. Daniel Moseley, one of the circuit judges. The suit was brought for the recovery of $75 subscribed by the defendant towards the building of a church. The subscription paper bears date 1st July, 1833, and the promise to pay contained in it is to “ The Trustees of the First Baptist Church.” The plaintiffs brought their suit styling themselves “ The First Baptist Society” declaring upon the subscription paper, and alleging the promise of the defendant to have been made to them, the plaintiffs, by the…
1Opinion of the Court
By the Court, Cowen, J.
Several objections were raised in the course of the trial, but it is unnecessary to notice them, for the first objection is fatal. The statute, 3 R. S. 292, § 1, is, that the certificate shall be acknowledged before the chancellor,. or one of the judges of the supreme court, or one of the judges of the court of common pleas of the county where the church is situate. The 3d section is, that the certificate being proved or acknowledged as above directed, shall be recorded, &c. and such trustees and their successors shall thereupon, by virtue of this act, be a body…
2Cases cited1 opinion
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