Sword v. Reformed Congregation Keneseth Israel
Superior Court of Pennsylvania
Appeal, No. 142, Oct. T., 1906, by defendant, from judgment of C. P. No. 5, Phila. Co., Sept. T., 1901, No. 2537, on verdict for plaintiff in case of James B. Sword v. Reformed Congregation Keneseth Israel. Assumpsit to recover the price of a painting. Before Ralston, J. The facts are stated in the opinion of the Superior Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for 1502.25. Defendant appealed.
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Appeal, No. 142, Oct. T., 1906, by defendant, from judgment of C. P. No. 5, Phila. Co., Sept. T., 1901, No. 2537, on verdict for plaintiff in case of James B. Sword v. Reformed Congregation Keneseth Israel. Assumpsit to recover the price of a painting. Before Ralston, J. The facts are stated in the opinion of the Superior Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for 1502.25. Defendant appealed. Error assigned among others was (5) refusal of binding instructions.
1Opinion of the Court
Opinion bt
Henderson, J.,
The defendant is a religious corporation. The plaintiff’s claim is for a portrait alleged to have been bought by its president. The constitution and by-laws of the corporation provide that “ the Board of Trustees shall have the entire charge, management and control of the Congregation’s affairs and property. . . . They shall have power to make all necessary repairs and purchases provided the cost of the same do not, in any one *629case, exceed |250.” The president is empowered to préside at all meetings of the congregation and of the board óf trustees ; to sign all orders…
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