Trustees of the First Society of the Methodist Episcopal Church of Pultney v. Stewart
New York Supreme Court
APPEAL from a judgment of the county court of Steuben county, affirming the judgment of a justice of the peace. The action was commenced in a justice’s court, to recover the possession of a quantity of Sunday School books, alleged to have been, "wrongfully taken by the defendants, from the house of worship of the Methodist Episcopal Church of the town of Pultney, such books being the property of that society.
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APPEAL from a judgment of the county court of Steuben county, affirming the judgment of a justice of the peace. The action was commenced in a justice’s court, to recover the possession of a quantity of Sunday School books, alleged to have been, "wrongfully taken by the defendants, from the house of worship of the Methodist Episcopal Church of the town of Pultney, such books being the property of that society. It was proved on the trial, that at the time of the taking of the property, the defendant Stewart was one of the trustees of the society; the other trustees being A. L. Parker, W. A.…
1Opinion of the Court
By the Court, Johnson, J.
It is a good answer to an action that a party is legally interested on each side of the question. No party can be both plaintiff and defendant in an action. (1 Chit. Pl. 46. Blaisdell v. Ladd, 14 N. Hamp. R. 129.) And this answer could always be given under the general issue. (Hammond v. Teague, 6 Bing. 197.)
The action here was in the name of the trustees, of which the defendant Stewart was one, as was clearly proved on the part of the plaintiffs. He was therefore a plaintiff as well as a defendant. Trustees, in law, are but a single person. (Brinckerhoff v. Henkle, 1…
2Cases cited2 opinions
- Brinckerhoff v. WempleNew York Supreme Court · 1828
- Green v. CadyNew York Supreme Court · 1832
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