Congregational Society in Troy v. Perry
Superior Court of New Hampshire
Assompsit on a note, in these words, “ January 27, 1825, For and in consideration that a fund of one thousand dollars, or upwards, be raised for the support of the ministry, in the congregational society in Troy, I promise to pay said society, in part of the fund, fifty dollars, on demand, with interest, to be paid annually. C. PERRY.”
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Assompsit on a note, in these words, “ January 27, 1825, For and in consideration that a fund of one thousand dollars, or upwards, be raised for the support of the ministry, in the congregational society in Troy, I promise to pay said society, in part of the fund, fifty dollars, on demand, with interest, to be paid annually. C. PERRY.” Theaetion was commenced on the 16th March 1832,and was tried here, upon the general issue, at April term, 1833. The defendant had given notice that he should rely, in his defence,on the facts that the plaintiffs were nota corporation, by law authorised to…
1Opinion of the Court
The opinion of the court was delivered by
Green, J. *
It is objected, that Wright was an incompetent witness, because he was a member of the corporation. But it is decided, that inhabitants of towns are competent witnesses for the towns in which they reside, without a release. 1 N. H. Rep. 273, Eustis v. Parker. And we are of opinion that the members .of parishes and school districts stand on the same ground, and that the witness in this case was properly admitted.
And we are of opinion that it was not necessary, in this case, to prove that the corporation was duly organized. The giving of the…
2Cases cited1 opinion
- Eustis v. ParkerSuperior Court of New Hampshire · 1818