Trustees of the first Presbyterian Congregation in Hebron v. Quackenbush
New York Supreme Court
THIS was an action of assumpsit. The counts were special on the statute. The meeting-house of the congregation was built by subscription; and for the purpose of raising money for its completion, the pews were sold at public auction, by a vote of the congregation, free of rent. The sums bid for the pews were paid by the purchasers to the trustees, and applied towards finishing the building.
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THIS was an action of assumpsit. The counts were special on the statute. The meeting-house of the congregation was built by subscription; and for the purpose of raising money for its completion, the pews were sold at public auction, by a vote of the congregation, free of rent. The sums bid for the pews were paid by the purchasers to the trustees, and applied towards finishing the building. One of the pews was purchased by the defendant, for 35 dollars, e which sum he paid, and his name was entered in the books of the corporation. The defendant took possession of the pew, under the sale, and…
1Per curiam
The trustees are vested by law with the possession of the church, and with power “ to regulate and order the renting the pews therein.” (Sess. 24. c. 79. s. 4.) Whether the assessment of the pew-rent was a valid assessment we need not now inquire, for the defendant is not chargeable in this case, upon the implied assumpsit to pay, in consequence of the occupation of the pew. The trustees have no power to make and levy personal assessments, and the owner of the pew is not liable in personam, unless there be some special ground from which to infer a contract and promise to pay. We think the…
2Cited by1 opinion
- St. Paul's Church v. FordNew York Supreme Court · 1860