White v. . Miller
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought against defendants as “trustees of the mutual society called Shakers,” located in the town of Watervliét, Albany comity, to recover damages alleged to have been sustained by reason of a breach of warranty made upon sale of a quantity of cabbage seed.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought against defendants as “trustees of the mutual society called Shakers,” located in the town of Watervliét, Albany comity, to recover damages alleged to have been sustained by reason of a breach of warranty made upon sale of a quantity of cabbage seed. The facts appear sufficiently in the opinion. The judgment against the trustees, as such, was wholly unwarranted, and cannot be maintained.…
1Opinion of the CourtAndrews, J.
The question which first arises in this case is, whether the community of Shakers, called in their constitution “The Church of the United Society in Watervliet,” may sue and be sued in the name of the trustees of the society, as the legal or corporate designation of the collective body "of'members composing the community, upon contracts made by the trustees for the time being of the society, within their authority, and in the business of such church, society or community.
For many years prior to 1839, there was a society of people called Shakers at Watervliet, in the county of Albany,…
2Cases cited14 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
9 more not listed; retrieve them via the Exa API.
3Cited by129 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Matter of CaseNew York Court of Appeals · 1915
- Jones v. GeorgeTexas Supreme Court · 1884
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
124 more not listed; retrieve them via the Exa API.