Johnson v. Smith
Supreme Court of Connecticut
This was an action on two promissory notes, one for 54 dollars, 50 cents, dated the 20th of June, 1838, and the other for 230 dollars, dated the 11th of July, 1838. The defendants pleaded the general issue; on which the cause was tried, at Fairfield, February term, 1852. On the trial, the making of the notes declared on, at the times they respectively bear date, was admitted.
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This was an action on two promissory notes, one for 54 dollars, 50 cents, dated the 20th of June, 1838, and the other for 230 dollars, dated the 11th of July, 1838. The defendants pleaded the general issue; on which the cause was tried, at Fairfield, February term, 1852. On the trial, the making of the notes declared on, at the times they respectively bear date, was admitted. It also appeared, that to the signatures of the defendants were annexed the words, “Vestry-men of the Episcopal Society.” The defendants gave in evidence a writ of scire-facias in favour of David Burr and others against…
1Opinion of the Court
Hawley, for the defendants,
contended, 1. That the notes bound the society; the power to raise money authorizing the raising of it, in the ordinary manner, as it was raised here.
There was no necessity for the concurrence of all, nor even of a majority of the committee in giving the notes. The specific thing to be done was authorized and directed. It was a mere ministerial act; there was no judgment nor discretion to be exercised, as to whether it should be done or not, nor otherwise, in relation to it. It was an act that could as well and as effectually, for all the purposes of the society, be…
2Cases cited1 opinion
- Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
3Cited by23 opinions
- White v. . MadisonNew York Court of Appeals · 1862
- Craft Refrigerating MacHine Co. v. Quinnipiac Brewing Co.Supreme Court of Connecticut · 1893
- Tucker Manufacturing Co. v. FairbanksMassachusetts Supreme Judicial Court · 1867
- Hall v. Norwalk Fire InsuranceSupreme Court of Connecticut · 1888
- Second National Bank v. Midland Steel Co.Indiana Supreme Court · 1900
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