Green v. Cady
New York Supreme Court
Error from the Monroe common pleas. Cady and five other persons, describing themselves as “ trustees of the first congregation society in Mendon,” sued Green in a justice’s court, and declared against him in trespass for entering their close, and removing, taking and carrying away the corner stone of their meeting-house, the contents, records, money, &c.
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Error from the Monroe common pleas. Cady and five other persons, describing themselves as “ trustees of the first congregation society in Mendon,” sued Green in a justice’s court, and declared against him in trespass for entering their close, and removing, taking and carrying away the corner stone of their meeting-house, the contents, records, money, &c. The defendant pleaded the general issue, and gave notice that he would prove that no such coporation existed, and that the plaintiffs as such corporation had no right to sue. The plaintiffs had judgment, and the defendant appealed to the…
1Opinion of the Court
By the Court,
Nelson, J.
Without enquiring whether this religious society was duly incorporated, or not, I am of opinion that the plaintiffs had sufficient possession of the meeting house to entitle-them to maintain trespass against the defendant. Admitting that they were not legally trustees in pursuance of the provisions of the act regulating the incorporation of religious societies, 2 R. L. 212, they were trustees de facto and as such, had possession of the house according to the fourth section of that act; and that possession being under colour of right, was sufficient to entitle them to…
2Cited by5 opinions
- Atlantic Trust Co. v. The VigilanciaCourt of Appeals for the Second Circuit · 1896
- Atlantic, Tennessee & Ohio Railroad v. JohnstonSupreme Court of North Carolina · 1874
- Trustees of the First Society of the Methodist Episcopal Church of Pultney v. StewartNew York Supreme Court · 1858
- Mechanics National Bank v. H. C. Burnet Manufacturing Co.New Jersey Court of Chancery · 1880
- Roberts v. HillIndiana Supreme Court · 1894