Boyce v. Trustees of Towsontown Station of M.E. Church

• Decision Date: 08 March 1877
• Citation: 46 Md. 359
• Parties: JAMES BOYCE v. THE TRUSTEES OF THE TOWSONTOWN STATION OF THE M. E. CHURCH.
• Court: Maryland Court of Appeals

46 Md. 359

JAMES BOYCE v. THE TRUSTEES OF THE TOWSONTOWN STATION OF THE M. E. CHURCH.

Court of Appeals of Maryland

March 8, 1877

APPEAL from the Court of Common Pleas.

This was an action of assumpsit brought by the appellant against the appellee. The defendant appeared by counsel, and filed the three following pleas.

1. That the defendants are not and never were a body corporate, as alleged.

2. And for a second plea, the defendants say, that the defendants never were indebted as alleged.

3. And for a third plea, the defendants say, they did not promise as alleged.

Upon these pleas the plaintiff joined issue.

First Exception.--The plaintiff, James Boyce, sworn on his own behalf, was the first witness called on either side, and immediately after being sworn was about to state what took place at an interview between himself and Oliver P Merryman and John T. Ensor, in the year 1871 or 1872, the plaintiff's counsel at the same time offering to show the precise mode in which the assistance and aid of said plaintiff were sought, and the acts which were done by the plaintiff in consequence thereof, and stating their intention to follow up this proof by establishing that the defendant is a body corporate, and that the said acts were accepted and acquiesced in by said defendant, and to rely upon the conduct and wrong-dealing of the defendant with the plaintiff and others, as estopping it from denying its incorporation.

The plaintiff then, in support of the first issue, and in order to show acts of user of the corporate name and franchise of the defendant, and for other purpose under the other issue offered to read in evidence a mortgage from the Trustees of Townsontown Station of the Methodist Episcopal Church to Francis A. Crook and Philip Hiss, trustees.

And also a deed from John T. Ensor, trustee, to said trustees for the property, upon which has been erected the church building mentioned in the bill of particulars filed in this cause stating that the plaintiff would follow up this proof by the execution of another mortgage by the said trustees under said name, and proof of other acts of user of said corporate name and franchise; to the introduction of which evidence the defendant objected and the Court (GAREY, J.,) sustained said objection, and refused to allow said evidence to be produced before the jury. The plaintiff excepted.

Second Exception.--The plaintiff then proved by himself, testifying in his own behalf, that he was called upon in the year 1871, by John T. Ensor and O. P. Merryman, who represented to him that the building committee was unable to go any further in the construction of the Methodist Church, at Townsontown, and that they wanted him to go into the building committee, he declined; Mr. Merryman then said that he would not go into the committee, unless plaintiff did so; the plaintiff then said that Merryman would be a valuable member, and he would consider the proposition further. A meeting was then held between the plaintiff, Ensor, Merryman, H. L. Bowen and others, at the counting-room of the plaintiff in Baltimore City, when various propositions occurred. Finally, he agreed to go upon the committee with Ensor, Merryman, Bowen and another. They then determined to borrow money from the Preachers' Aid Society, $10,000. The application was made and declined, as it would not loan on the church, but the society offered to loan on the plaintiff's own note for the amount. The plaintiff finally gave his own note, and obtained the money, taking from Ensor, Bowen, Merryman and Emory, their obligations for $2,000 each, secured by mortgage of their respective properties. For the purpose of raising more money, a mortgage was executed on the church to secure certain bonds.

The plaintiff then proposed to read in evidence said mortgage, and one of the bonds; offering to follow up the testimony so offered by proof, that a part of the money for which this suit was brought, was paid by plaintiff, he receiving at the time against it some of said bonds. To which evidence the defendant objected, and the Court sustained the objection. The plaintiff excepted.

Third Exception.--The plaintiff then offered to read to the jury a paper writing, as the certificate of incorporation of the defendant, as follows:

Incorporation of Trustees of Towsonlown Station, Methodist Episcopal Church:

Whereas, by an Act of the General Assembly of the State of Maryland, approved March 30th, 1868, chapter 471, it is provided, that in every church or religious society, or congregation, of whatever sect, order or denomination, or which shall at any time hereafter be known and acknowledged in the State, and protected in the free and full exercise of its religion by the Constitution and laws thereof, there shall be sufficient power and authority in all persons above twenty-one years of age, belonging to any such church, society or congregation, to elect, at their discretion, certain sober and discreet persons, not less than four nor more than twelve, which persons so elected, upon being registered, as hereinafter directed, shall be constituted a body politic or corporate, to act as trustees in the name and behalf of the particular church, society or congregation for which they are respectively chosen, to manage the estate, property, interest and inheritance of the same. Now, therefore, we, the subscribers, members of Townsontown Station, Methodist Episcopal Church, assembled in pursuance of notice, being part of a religious denomination, known and acknowledged in the State of Maryland, and protected in the free and full exercise of its religion, by the Constitution and laws thereof, being desirous of forming a body politic and corporate as provided in said Act, have agreed to elect and have this day elected the following named five persons, to wit: Oliver P. Merryman, John T. Ensor, Henry L. Bowen, Daniel Shealey and Edward J Ruter, together with the minister who may at any time be in charge of the said Towsontown Station, as trustees, in the name and on the behalf of said church, under and by virtue of said Act. And we, the said members of said charge or station do also at this first election of said body politic and corporate, determine and fix upon the following plan, agreement and regulations, viz.,

1st. This corporation shall be known as "The Trustees of Towsontown Station of the Methodist Episcopal Church," and its duration shall be forty years.

2nd. The trustees duly elected as aforesaid, to wit: Oliver P. Merryman, John T. Ensor, Henry L. Bowen, Daniel Shealey, Edw. J. Ruter, and the minister aforesaid, shall hold their office until the meeting of the fourth quarterly conference of the present year, held in accordance with the discipline of the Methodist Episcopal Church, when an election for trustees shall be held in pursuance of the regulations of said discipline, and like elections shall be held thereafter annually in accordance with the said disciplinary regulations. Provided, nevertheless, that said trustees shall be eligible for re-election.

3rd. The board of trustees elected annually according to the preceding provisions and regulations shall consist of not less than five, nor more than nine persons, a majority of whom shall be members in good standing, (for at least one year preceding such election,) of the Methodist Episcopal Church.

4th. The minister in charge of said station shall be ex officio president of the board of trustees. In case of the death or absence of said minister, the other trustees may appoint a chairman pro tempore.

5th. All the lands and tenements with their appurtenances now held for the use of said station, and all other property of said Towsontown Station Methodist Episcopal Church, shall be and is hereby invested in the same corporation and their successors forever; and said corporation shall be and are hereby declared to be capable of bargaining, acquiring, receiving, selling, leasing, mortgaging, encumbering or conveying or making any disposition of said property, or of any other property they may hereafter acquire as fully and effectually as any person or corporate body may or can do.

6th. The board of trustees shall meet whenever called together by the minister, or by a majority of themselves, and at all meetings of said board, three shall constitute a quorum for the transaction of business.

7th. The powers and authority hereby given to the trustees aforesaid, or to their successors, shall not in any wise be understood to prevent, prohibit or take from the ministers or preachers of the Methodist Episcopal Church, duly authorized and appointed according to the discipline of said church, the pastoral use and enjoyment of any house of worship, parsonage or other property held by said trustees.

8th. The powers and authority given to said trustees, shall not be understood to interfere with the economy of the Methodist Episcopal Church, in the arrangements made by the discipline of said church, for the support of the pastor, or the maintenance of benevolent collections.

9th. An addition or amendment may be made to these articles by two-thirds of the members of the Methodist Episcopal Church, within the bounds of said Towsontown station, who may be publicly called for that purpose, by notice given on the preceding Sabbath.

Signed by the subscribers:

JOHN W. CORNELIUS, R. J. SMITHY,

JAMES SHIRADEN, WILLIAM SHEABY,

H. W. SHEALEY, GIDEON HERBERT,

T. QUINN, EMILY LEE.

STATE OF MARYLAND,

Baltimore County, to wit:

Before me, the subscriber, a justice of the peace for Baltimore County, Maryland, personally appeared the above named persons, on this fourteenth day of October, eighteen hundred and seventy, and acknowledged this to be their act and deed.

MORDECAI ALBAM, J. P.

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