Sawyer v. Methodist Episcopal Society
Supreme Court of Vermont
Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts, in substance, as follows.
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Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts, in substance, as follows. In March, 1839, the defendants became organized, under the statute of October 26, 1797, for the purpose of building a meeting house, and the members of the association signed written articles, which prescribed the general plan of the house, and provided, that the whole expense of the house, when completed, should be estimated on the whole number of pews in the house, by the appraisal of men appointed for that purpose by the subscribers, and each…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
Two objections are taken to the plaintiff’s right of recovery. 1. That the action should have been brought in the names of all the members of the committee. 2. That the committee exceeded their authority in reference to the expense of the house, and therefore that the defendants are not liable at all for the balance now claimed.
The first objection goes upon the ground, that the committee assumed a joint obligation, as composing one party to a contract; and hence that any claim against the defendants, arising in the execution of that contract,…
2Cited by3 opinions
- Brown v. School DistrictSupreme Court of Vermont · 1883
- Rogers v. Danby Universalist SocietySupreme Court of Vermont · 1847
- People ex rel. Plugger v. Township Board of OverysselMichigan Supreme Court · 1863