Legal Opinion

Atwater v. Town of Woodbridge

Supreme Court of Connecticut

Decided July 15, 1826PublishedCited by 24 opinions

This was an action of indebitatus assumpsit for money had and received, by the defendants, for the use of the plaintiff.

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This was an action of indebitatus assumpsit for money had and received, by the defendants, for the use of the plaintiff. The society of Bethany is an ecclesiastical society, established, by local limits, within the town of Woodbridge, and has a fund for the support of the gospel ministry, amounting to about 4,500 dollars; which, in the years 1820 and 1821, was loaned out to individuals, and secured by bonds or notes of responsible persons, bearing an interest of 6 per cent per annum. This fund was established as early as the year 1809 ; having been given or granted to the society, by members…

1Opinion of the CourtBrainard, J.

The great question in the case, is, whether this fund was liable to taxation. There are, indeed, other subordinate questions, which may deserve notice.

*227At what time the first statute in relation to property given for religious and charitable purposes, was passed, I have not been able to ascertain. It must, however, have been previous to the year 1702 ; for in the revision of the statutes in 1702, page 66. in an act “ For securing estates given to charitable uses,” we find it enacted, “ That all such lands, tenements, hereditaments and other estates, that either formerly have been, or hereafter…

2Cited by24 opinions

  1. Yale University v. Town of New HavenSupreme Court of Connecticut · 1899
  2. Szarwak v. WardenSupreme Court of Connecticut · 1974
  3. Bloomfield v. Charter Oak BankSupreme Court of the United States · 1887
  4. Dacey v. Connecticut Bar Assn.Supreme Court of Connecticut · 1981
  5. Bridgeport Hydraulic Co. v. City of BridgeportSupreme Court of Connecticut · 1925

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