Legal Opinion

Minister of the Reformed Protestant Dutch Church v. Bradford

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1826PublishedCited by 10 opinions

On error from, the supreme court. The action in the court below was covenant, by John M. Bradford, (defend ant here,) against the now plaintiffs m error, for the recov* cry of a portion of his (B’s) salary of $2000 per annum, as a minister of the gospel of the plaintiffs in error, from the 2d of December, 1820, to the 26th of June, 1821. The cause was tried at the Albany Circuit on the 2d Tuesday of April, 1822, before Spencer, (then) Oh. J. of the supreme court.

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On error from, the supreme court. The action in the court below was covenant, by John M. Bradford, (defend ant here,) against the now plaintiffs m error, for the recov* cry of a portion of his (B’s) salary of $2000 per annum, as a minister of the gospel of the plaintiffs in error, from the 2d of December, 1820, to the 26th of June, 1821. The cause was tried at the Albany Circuit on the 2d Tuesday of April, 1822, before Spencer, (then) Oh. J. of the supreme court. On the trial, the plaintiff below gave in evidence the call of the defendants below, under their corporate seal, dated June 12th,…

1Opinion of the Court

Jones, Chancellor.

The question is, whether the salary of the defendant in error ceased on his suspension by the Classis of Albany, or Continued during his suspension, and until his pastoral connection with his congregation was dissolved. It is conceded that this question depends, for its Solution, upon the contract between the minister and his congregation or church. The contract is contained in the call, taken in connection With the rules and constitution of the Reformed Dutch Church, to which both the pastor and the congregation, by the call, stipulated and agreed to remain subordinate.

The…

2Cases cited1 opinion

  1. Dieffendorf v. Trustees of Reformed Calvinist ChurchNew York Supreme Court · 1822

3Cited by10 opinions

  1. Fesmire v. ShannonSupreme Court of Pennsylvania · 1891
  2. Miller v. PlattThe Superior Court of New York City · 1856
  3. Whitecar v. MichenorNew Jersey Court of Chancery · 1883
  4. Connitt v. Reformed Protestant Dutch ChurchNew York Supreme Court · 1871
  5. O'Donovan v. ChatardIndiana Supreme Court · 1884

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