Clark v. O'Rourke
Michigan Supreme Court
Error to Ontonagon; Hubbell, J., presiding. Assumpsit by Orange M. Clark and others, copartners as Clark, Farnham & Company, against Charles O’Rourke and James Norton, for goods sold and delivered^ From a judgment for plaintiffs on verdict directed by the court, defendants bring error. In 1892 an unincorporated Catholic society was formed in Ewen, Ontonagon county, and erected an edifice.
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Error to Ontonagon; Hubbell, J., presiding. Assumpsit by Orange M. Clark and others, copartners as Clark, Farnham & Company, against Charles O’Rourke and James Norton, for goods sold and delivered^ From a judgment for plaintiffs on verdict directed by the court, defendants bring error. In 1892 an unincorporated Catholic society was formed in Ewen, Ontonagon county, and erected an edifice. Plaintiffs were dealers in lumber, and furnished the lumber with which the building was erected. Defendants were trustees for the society, and members of the building committee, having entire charge of the…
1Opinion of the CourtGrant, J.
(after stating the facts). The church organization had no legal existence. It could neither sue nor be sued. The members of the society were not partners. Those of the society who were actually instrumental in' incurring the liabilities for it are liable as either principals, or agents having no legal principal behind them. Members of the society who either authorized or ratified the transactions are liable, while those who did not are exempt from liability. 1 Bates, Partn. § 75; Ash v. Guie, 97 Pa. St. 493 (39 Am. Rep. 818); Fredendall v. Taylor, 26 Wis. 286. Many other authorities might be…
2Cases cited4 opinions
- Lewis v. TiltonSupreme Court of Iowa · 1884
- Davison v. HoldenSupreme Court of Connecticut · 1887
- Fredendall v. TaylorWisconsin Supreme Court · 1870
- Robinson v. RobinsonSupreme Judicial Court of Maine · 1833
3Cited by14 opinions
- Methodist Episcopal Church South v. CliftonCourt of Appeals of Texas · 1904
- Farm & Home Savings & Loan Ass'n v. ArmstrongSupreme Court of Missouri · 1935
- Harrill v. PennSupreme Court of Oklahoma · 1927
- Catlett v. HawthorneSupreme Court of Virginia · 1931
- Detroit Light Guard Band v. First Michigan Independent InfantryMichigan Supreme Court · 1903
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