People's Bank v. St. Anthony's Roman Catholic Church
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 1, 1886, which reversed a judgment in favor of plain tiff, entered upon the report of a referee.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 1, 1886, which reversed a judgment in favor of plain tiff, entered upon the report of a referee. (Reported below, 39 Hun, 498.) This action was brought against defendant, a religious corporation, upon eight certificates or promissory notes, all similar in form, of one of which the following is a copy: “ St. Anthony’s Roman Catholic Chübch, ) “ Greenpoint, Brooklyn, E. D., April 1, 1876. f “ This certifies that St. Anthony’s Roman Catholic Church, of the city of Brooklyn, county of Kings,…
1Opinion of the CourtAndrews, J.
The answer put in issue the allegation in the complaint that the notes sued upon were made by the corporation defendant. It became necessary, therefore, for the plaintiff, in the first instance, to show or to give evidence which legitimately raised a presumption that the notes were the corporate obligations of the defendant. Neither party entered into any investigation of the question whether the execution of the notes was in fact authorized by the corporation. The fact that the defendant was a body corporate was admitted in the pleadings, and it was shown that it was organized under the act…
2Cases cited11 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- United States v. RossSupreme Court of the United States · 1876
- McCullough v. MossCourt for the Trial of Impeachments and Correction of Errors · 1846
- Robertson v. . BullionsNew York Court of Appeals · 1854
- Lovett v. Steam Saw Mill Ass'nNew York Court of Chancery · 1836
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3Cited by75 opinions
- Blount v. Sixteenth St. Baptist ChurchSupreme Court of Alabama · 1921
- Catholic Foreign Mission Society of America v. OussaniNew York Court of Appeals · 1915
- De Sanchez v. Grace Methodist Episcopal ChurchCalifornia Supreme Court · 1896
- Jacobus v. . Jamestown Mantel Co.New York Court of Appeals · 1914
- Karasik v. People's Trust Co.District Court, E.D. New York · 1917
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