Legal Opinion

Fredenburg v. Lyon Lake M. E. Church

Michigan Supreme Court

Decided October 25, 1877PublishedCited by 15 opinions

Error to Calhoun. Assumpsit by the church as a corporation against its treasurer, Eredenburg, to recover moneys which it was alleged he had received and not accounted for. He' pleaded set-off and gave notice that he would show that the church never had a corporate existence, and could not sue as a corporation. Plaintiff recovered and defendant brought, error.

1Per curiam

In the court below the corporate existence of the defendant in error was in dispute, and they sought to establish it by showing that the associates held the ordinary meetings of a religious society, and that they elected officers, among which was Fredenburg as treasurer. This evidence was held to be sufficient; the court regarding Fredenburg as precluded, by accepting the office of treasurer, from disputing the corporate existence. Now had any of the acts of the associates been unmistakably corporate acts, there would be some ground for the ruling of the court below. But such was not the…

2Cases cited1 opinion

  1. Bennett v. DeanMichigan Supreme Court · 1877

3Cited by15 opinions

  1. Leidigh Carriage Co. v. StengelCourt of Appeals for the Sixth Circuit · 1899
  2. Maxwell v. Bay City Bridge Co.Michigan Supreme Court · 1879
  3. Trustees in Trust for First Society of Methodist Episcopal Church v. ClarkMichigan Supreme Court · 1879
  4. Commercial Union Insurance v. Medical Protective Co.Michigan Court of Appeals · 1984
  5. Elgin Nat. Watch Co. v. LovelandU.S. Circuit Court for the District of Northern Iowa · 1904

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