Whitney v. First Ecclesiastical Society in Brooklyn
Supreme Court of Connecticut
This was an action of assumpsit, brought by the Rev. Josiah Whitney, D. D., to recover his salary as a minister of the gospel, for the year ending the 4th of February, 1822. The cause was tried at Brooklyn, September term, 1823, before Peters, J. At a meeting of the society, duly warned and held, on the 17th of November, 1755, the society voted to call the plaintiff, who then was a preacher of the gospel, and a candidate for settlement, to settle with them in the work of the…
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This was an action of assumpsit, brought by the Rev. Josiah Whitney, D. D., to recover his salary as a minister of the gospel, for the year ending the 4th of February, 1822. The cause was tried at Brooklyn, September term, 1823, before Peters, J. At a meeting of the society, duly warned and held, on the 17th of November, 1755, the society voted to call the plaintiff, who then was a preacher of the gospel, and a candidate for settlement, to settle with them in the work of the gospel ministry, and to pay him the sum of sixty-five pounds, lawful money, annually, as a salary, and the sum of three…
1Opinion of the Court
Hosmer, Ch. J.
Three questions are raised, in this case, for determination. First, was the contract between Doctor Whitney and the parish at Brooklyn such, that he held his office at the will of the latter ; or was it an office for life, determinable on sufficient cause, exhibited and proved before a proper tribunal ? Secondly, has Doct. Whitney, by any act or omission of his, forfeited his office, and lost the capacity of performing ministerial services ? And lastly, has he actually omitted the performance of his official duties ; and thus failed in entitling himself to the salary demanded ?
If…
2Cases cited1 opinion
- Miller v. WardSupreme Court of Connecticut · 1818
3Cited by11 opinions
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- Gray v. MossmanSupreme Court of Connecticut · 1917
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- First National Bank v. Board of Public InstructionSupreme Court of Florida · 1927
- Trustees of Trinity Methodist Episcopal Church v. HarrisSupreme Court of Connecticut · 1900
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