Trustees of Vernon Society v. Hiles
New York Supreme Court
On certiorari from a justice’s court. The plaintifts sued the defendant before the justice, on a subscription, dated September 25th, 1817, by which the defendant obligated himself to pay the plaintifts 6 dollars annually, in semi-an-r 1 /-v nual payments, so long as the reverend Orange Lyman should continue to administer the gospel, &c. Plea, the general issue.
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On certiorari from a justice’s court. The plaintifts sued the defendant before the justice, on a subscription, dated September 25th, 1817, by which the defendant obligated himself to pay the plaintifts 6 dollars annually, in semi-an-r 1 /-v nual payments, so long as the reverend Orange Lyman should continue to administer the gospel, &c. Plea, the general issue. The only question before the justice was, whether the plaintiffs were a corporation when the suit was brought, * A ° The original certificate of their proceedings to organize as a corporation, in 1803, was, by counsel here, admitted to…
1Opinion of the Court
Curia, per
Savage, Ch. J.
It is settled by the repeated decisions of this court, that when a corporation sues, they are bound, on the general issue, to prove that they are a corporation. (8 John. Rep. 378. 14 id. 245-6.)
Had the irregularities complained of, been confined to a single year, they would have had no effect upon the plaintiffs’ rights, according to the decision in The People v. Runkel, (9 John. Rep. 147, 149.) It was conceded by the court, in that case, that the trustees, chosen under the act in question, and who go out of office at the end of the year, hold over till others are…
2Cases cited3 opinions
- People v. RunkelNew York Supreme Court · 1812
- Jackson ex dem. Trustees of the Union Academy v. PlumbeNew York Supreme Court · 1811
- Bliss v. RiceNew York Supreme Court · 1812
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