Sanger v. Inhabitants of the Third Parish in Roxbury
Massachusetts Supreme Judicial Court
This action, which was assumpsit for money had and received, was submitted to the decision of the Court on an agreed statement of facts, from which it appeared that the plaintiff was engaged in October, 1809, as reader to the incorporated Episcopal society in Cambridge, for the term of six months, and from that time to the date of his writ had been so engaged, but always by a contract of six months only, and had accordingly officiated in that character during the said term,…
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This action, which was assumpsit for money had and received, was submitted to the decision of the Court on an agreed statement of facts, from which it appeared that the plaintiff was engaged in October, 1809, as reader to the incorporated Episcopal society in Cambridge, for the term of six months, and from that time to the date of his writ had been so engaged, but always by a contract of six months only, and had accordingly officiated in that character during the said term, never having been ordained or licensed to preach; — that John Winthrop, Esq., was an inhabitant of the said third parish…
1Opinion of the Court
By the Court.
We have no doubt that a person regularly engaged and officiating as a reader in an Episcopal society, is a public teacher of piety, religion, and morality, within the meaning and intent of the third article of our declaration of rights. Neither is it any objection to the plaintiff’s recovery in this case that his contract was semi-annual only, if, under such contracts, he had officiated for the whole of either of the years, for which the taxes claimed by him were paid. But as this was not the case, he cannot have judgment. Plaintiff nonsuit.
2Cited by1 opinion
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