Constant v. Rector, Wardens & Vestry of St. Albans Church
New York Court of Common Pleas
Appeal, by defendants from a judgment entered on the verdict of a jury. The complaint alleged that during the winter and spring of 1865, the defendants determined to hold a fair for the purpose of raising funds for the benefit of St. Albans Ohurch, and to that end, they came to the plaintiff and requested her to take active management and superintendence of the preparations for and conduct of the fair.
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Appeal, by defendants from a judgment entered on the verdict of a jury. The complaint alleged that during the winter and spring of 1865, the defendants determined to hold a fair for the purpose of raising funds for the benefit of St. Albans Ohurch, and to that end, they came to the plaintiff and requested her to take active management and superintendence of the preparations for and conduct of the fair. That she agreed to do so in April, 1865, and that the fair was held accordingly, at which she was manager and superintendent, and as such paid various bills necessarily incurred about the fair,…
1Opinion of the Court
By the Court.*—Daly, Oh. J.
—A new trial must be granted in this case for the refusal of the judge to instruct the jury as requested, that the acts of the members of the vestry at the time the plaintiff consented to take charge of the fair were not obligatory on the defendants. The refusal so to charge was equivalent to holding that they were, and the jury upon that presumption may have found a verdict for the plaintiff,. iipon the ground that she undertook to get up and manage the fair at the request of certain members of the vestry, with the understanding on her part and upon theirs, that…
2Cases cited2 opinions
- Keeler v. . SalisburyNew York Court of Appeals · 1865
- Williams v. PriceThe Superior Court of New York City · 1848
3Cited by6 opinions
- People's Bank v. St. Anthony's Roman Catholic ChurchNew York Court of Appeals · 1888
- Gerard v. Empire Square Realty Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Ehret v. RinglerNew York Supreme Court · 1911
- Landers v. Frank Street Methodist Episcopal ChurchNew York Court of Appeals · 1889
- Malerba v. Friars Minor of the Order of St. FrancisAppellate Division of the Supreme Court of the State of New York · 1917
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