Legal Opinion

Stevens v. Eden Meeting-house Society

Supreme Court of Vermont

Decided August 15, 1839PublishedCited by 4 opinions

This was an action of assumpsit on an award. Plea, non assumpsit. On the trial the plaintiff produced the defendants’ book of records, which showed a society, regularly organized, under the statute, constituting them a corporation. The by-laws provided, that among other officers, a clerk or secretary should be chosen, and one had been regularly elected. The by-laws provided that all meetings were to be warned by the clerk, by posting up a written notice thereof.

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This was an action of assumpsit on an award. Plea, non assumpsit. On the trial the plaintiff produced the defendants’ book of records, which showed a society, regularly organized, under the statute, constituting them a corporation. The by-laws provided, that among other officers, a clerk or secretary should be chosen, and one had been regularly elected. The by-laws provided that all meetings were to be warned by the clerk, by posting up a written notice thereof. This appears to have been done and the records regularly kept, up to December, 1836. The plaintiff then offered to prove, by parol…

1Opinion of the Court

*689The opinion of the court was delivered by

Collamer, J.

— A corporation, and every member thereof, is bound by a vote of the majority present at a meeting, warned agreably to the laws of the corporation, and not otherwise. If no provision is made for such warning every member must have personal notice. Here the clerk was authorised to warn a meeting by posting up a written notice. No other mode of calling a meeting could be shown, and, most clearly, this could not, be proved by parol, until the loss of the notification was first proved ; but this was not attempted. Here was an attempt to add to…

2Cited by4 opinions

  1. Toombs v. Citizens Bank of WaynesboroSupreme Court of the United States · 1930
  2. Clark v. WildSupreme Court of Vermont · 1911
  3. Bank of Little Rock v. McCarthySupreme Court of Arkansas · 1892
  4. St. Stephen Church CasesNew York Court of Common Pleas · 1890

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