Trustees of St. Mary's Church v. Cagger
New York Supreme Court
Error to the Albany mayor’s court. The defendant in error was plaintiff below. The action was assumpsit. The declaration contained the common money counts and a count upon an account stated. The defendants pleaded non-assumpsit, and gave notice that they would rely upon the statute of limitations. Upon the trial the plaintiff below offered in evidence the book of records of the defendants, containing the minutes of the proceedings of the trustees.
Read the full summary
Error to the Albany mayor’s court. The defendant in error was plaintiff below. The action was assumpsit. The declaration contained the common money counts and a count upon an account stated. The defendants pleaded non-assumpsit, and gave notice that they would rely upon the statute of limitations. Upon the trial the plaintiff below offered in evidence the book of records of the defendants, containing the minutes of the proceedings of the trustees. It appeared from such record that at a meeting held on the 6th day of March, 1844, a committee to whom a claim of Susannah Cagger against the…
1Opinion of the Court
By the Court, Harris, J.
The first, perhaps I may say the principal question presented in this case, relates to the evidence of the adoption, by the plaintiffs in error, of the report and resolutions, a copy of which was transmitted to Mrs. Cagger. It is insisted by the counsel for the plaintiffs in error that the court below erred in allowing the plaintiff there to give parol proof of such adoption. The objection was not put upon the ground that higher evidence existed in the minutes of the proceedings of the board of trustees; for it appeared affirmatively that no record was made of the vote…
2Cases cited5 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- American Insurance v. OakleyNew York Court of Chancery · 1842
- Clute v. SmallNew York Supreme Court · 1837
- Magill v. KauffmanSupreme Court of Pennsylvania · 1818
3Cited by8 opinions
- Moss v. . AverellNew York Court of Appeals · 1853
- Paige v. FazackerlyNew York Supreme Court · 1862
- S. Cal. Colony Assn. v. BustamenteCalifornia Supreme Court · 1877
- Leinkauf v. . CalmanNew York Court of Appeals · 1888
- Bridgford v. City of TuscumbiaUnited States Circuit Court · 1881
3 more not listed; retrieve them via the Exa API.