Sheldon v. Congregational Parish
Massachusetts Supreme Judicial Court
Assumpsit by the plaintiff, as a minister of the gospel, to recover his salary for a year, commencing on the 24th of October, 1832. On a case stated it appears, that the parish was incorporated on the 7th of February, 1792. The plaintiff was duly ordained as minister of the parish, on the 24th of October, 1810, since which time, and until prevented as mentioned below, he has officiated as minister of the parish, and has received his salary from year to year up to the 24th of…
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Assumpsit by the plaintiff, as a minister of the gospel, to recover his salary for a year, commencing on the 24th of October, 1832. On a case stated it appears, that the parish was incorporated on the 7th of February, 1792. The plaintiff was duly ordained as minister of the parish, on the 24th of October, 1810, since which time, and until prevented as mentioned below, he has officiated as minister of the parish, and has received his salary from year to year up to the 24th of October, 1832. In the contract made between the parties previously to the plaintiff’s ordination, was the following…
1Opinion of the Court
Morton J.
delivered the opinion of the Court. The plaintiff having been regularly settled over the Congregational Parish in Easton, having at all times been ready to perform all the duties to them growing out of the relation thus created, and having in fact performed such parochial duties as they would permit him to perform, is clearly entitled to recover the stipulated salary so long as that relation continued. Thompson v. Cath. Cong. Soc. in Rehoboth, 5 Pick. 469.
The only question therefore for our determination is whether this relation has ever been legally dissolved. In the consideration…
2Cases cited3 opinions
- Chaddock v. BriggsMassachusetts Supreme Judicial Court · 1816
- Avery v. Inhabitants of TyringhamMassachusetts Supreme Judicial Court · 1807
- Burr v. Inhabitants of the First Parish in SandwichMassachusetts Supreme Judicial Court · 1812