United Brethren Church v. Vandusen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action brought by the plaintiff against Vandusen & Taft, L. L. Tucker, H. Kelchum, J. F. Jacobus, and J. Oardinier, sheriff of Waupaca county, to enjoin the collection of a judgment.
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APPEAL from the Circuit Court for Winnebago County. Action brought by the plaintiff against Vandusen & Taft, L. L. Tucker, H. Kelchum, J. F. Jacobus, and J. Oardinier, sheriff of Waupaca county, to enjoin the collection of a judgment. The complaint avers that the plaintiff was, on the 12th day of December, 1870, a religious society duly organized under the laws of this state; that Tucker, Ketchum and Jacobus were its trustees; that on that day they executed a note, with warrant of attorney to confess judgment thereon, to Vandusen & Taft for $1,804.21, due one day after date, with interest at…
1Opinion of the CourtRyAN, C. J.
We do not deem it necessary to decide whether, on the evidence in this cause, the church corporation is liable to Vandusen & Taft for the bell. It is certainly doubtful — a proper question of fact for a jury, in a proper action. But it is a question which could not be settled, to bind the corporation, by Vandusen & Taft's attorney and two of the trustees of the church, at an informal meeting.
It was very proper for Mr. Coolbaugh, and Messrs. Ketchum and Tucker, two of the church trustees, in their personal capacity, to debate the question of the liability. But, in the absence of Jacobus, the…
2Cases cited3 opinions
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3Cited by14 opinions
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- Gerard v. Empire Square Realty Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Giese v. SchultzWisconsin Supreme Court · 1886
- Berry v. Second Baptist Church of StillwaterSupreme Court of Oklahoma · 1913
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