Moore v. Rector of St. Thomas'
New York Supreme Court
Trial by the court. Y. Mumford Moore, as administrator of Margaret Williams, deceased, brought this action against the rector, warden and vestrymen of St. Thomas’ Church, Ravenswood, to foreclose a mortgage alleged to have been made by defendants. The answer admitted incorporation, and alleged that neither the bond nor the mortgage were ever executed by defendants; that the signing and the affixing of the corporate seal were without authority from the defendants.
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Trial by the court. Y. Mumford Moore, as administrator of Margaret Williams, deceased, brought this action against the rector, warden and vestrymen of St. Thomas’ Church, Ravenswood, to foreclose a mortgage alleged to have been made by defendants. The answer admitted incorporation, and alleged that neither the bond nor the mortgage were ever executed by defendants; that the signing and the affixing of the corporate seal were without authority from the defendants. Alleged, that defendants were never indebted to the mortgagee in more than about half the amount of the securities, and that the…
1Opinion of the CourtGilbert, J.
The bond and mortgage appear to be properly authenticated. The seal affixed to them purports on its face to be the corporate seal. It is declared to be such in the instruments themselves, and they are signed by the rector and clerk of the corporation. This is sufficient to show a formal execution of the bond and mortgage. The omission of the officer to take due proof of the execution of them conformably to the recording act does not affect their validity.
I am of the opinion, however, that the case shows a lack of authority to affix the corporate seal. The only authority claimed is derived…
2Cases cited33 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
- Tracy v. . TalmageNew York Court of Appeals · 1856
- State Board of Agriculture v. Citizens Street Railway Co.Indiana Supreme Court · 1874
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3Cited by8 opinions
- Porter v. Lassen County Land & Cattle Co.California Supreme Court · 1899
- Parucki v. Polish National Catholic Church of the Holy Mother of the RosaryNew York Supreme Court · 1920
- Rector, Churchwardens & Vestrymen of the Church of the Holy Trinity v. MelishNew York Supreme Court · 1956
- Gause v. Commonwealth Trust Co.New York Supreme Court · 1907
- Wallace & Sons v. WalseNew York Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.