Rector of All Saints Church v. Lovett
The Superior Court of New York City
Assumpsit for money had and received. Plea,[ the general issue, and payment, with a notice of set-off. This cause was tried before Mr. Jutsice Oakley.
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Assumpsit for money had and received. Plea,[ the general issue, and payment, with a notice of set-off. This cause was tried before Mr. Jutsice Oakley. At the trial, the plaintiffs produced a certificate of incorporation, bearing date the 17th day of May, 1824, which recited, that in pursuance of notice given, the male persons of full age, belonging to the church, congregation or society in the city of New-York, in which divine service is celebrated according to the rites of the protestant episcopal church, met at the house of the Rector, the Rev. William A. Clarke, for the purpose of…
1Opinion of the CourtOakley, J.
This was an action of assumpsit for money had and received. The defendant was treasurer of the church, and as such received the proceeds of certain lands which belonged to the church, and which were sold during the time he acted as treasurer. In 1827, a new treasurer was appointed, and the defendant refused to pay over to him the balance of moneys remaining in his hands. This action was brought to recover such balance.
The first objection to the plaintiffs’ right of recovery is, that the certificate of their incorporation is defective, and that they do not show themselves to have been duly…
2Cases cited1 opinion
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- Snyder v. StudebakerIndiana Supreme Court · 1862
- South Bay Meadow Dam Co. v. GraySupreme Judicial Court of Maine · 1849
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