Connitt v. Reformed Protestant Dutch Church of New Prospect
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, rendered upon a case "submitted under section 372 of the Code.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, rendered upon a case "submitted under section 372 of the Code. The questions submitted for decision are, substantially, whether George W. Connitt, one of the plaintiffs, is still the pastor,of the Reformed Protestant Dutch Church of New Prospect; if not, when did he cease to be pastor ? Is he entitled to any salary since May 3d, 1869; and, if so, up to what date % Which of the parties are now the consistory of the church ? And from what time, if any, is Mr. Connitt liable to pay rent for the use…
1Opinion of the Court
Earl, C.
The plaintiff Connitt was called to be the pastor of the Reformed Protestant Dutch Church of New Prospect, by a form of call prescribed by the constitution of the Reformed Protestant Dutch Church in America. He accepted the call and was duly installed as such pastor. This call and its acceptance constituted the contract between the parties. If we were to look exclusively at that and construe it as we would any ordinary civil contract, we would find it to be a contract for no specified duration of time, and probably terminable at the option of either party. But the call provided that…
2Cases cited5 opinions
- Austin v. . SearingNew York Court of Appeals · 1857
- Robertson v. BullionsNew York Supreme Court · 1850
- Smith v. NelsonSupreme Court of Vermont · 1846
- Walker v. WainwrightNew York Supreme Court · 1853
- Dieffendorf v. Trustees of Reformed Calvinist ChurchNew York Supreme Court · 1822
3Cited by31 opinions
- Gonzalez v. Roman Catholic Archbishop of ManilaSupreme Court of the United States · 1929
- White Lick Quarterly Meeting of Friends v. White Lick Quarterly Meeting of FriendsIndiana Supreme Court · 1883
- Lamb v. CainIndiana Supreme Court · 1891
- Bear v. HeasleyMichigan Supreme Court · 1893
- Brundage v. DeardorfCourt of Appeals for the Sixth Circuit · 1899
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