Cohn v. Church

• Citation: 34 A.2d 129,130 Conn. 362
• Court: Supreme Court of Connecticut
• Decision Date: 22 July 1943
• Parties: COHN et al. v. MT. ZION BAPTIST CHURCH et al.

130 Conn. 362

34 A.2d 129

COHN et al.

v.MT. ZION BAPTIST CHURCH et al.

Supreme Court of Errors of Connecticut.

July 22, 1943.

Appeal from City Court of Norwalk; Ryan, Judge.

Action by William Cohn and others against Mt. Zion Baptist Church and another to foreclose a mortgage. From a judgment of foreclosure, the named defendant appeals.

Error and new trial ordered.

Appellees' motion for reargument denied.

Freeman Light, of South Norwalk, for appellant.

William Cohn, of Bridgeport, pro se.

Sidney Vogel and Margaret R. Sigsway, both of South Norwalk, pro se.

Before MALTBIE, C. J., and BROWN, JENNINGS, ELLS, and DICKENSON, JJ.

JENNINGS, Judge.

The plaintiffs sought to foreclose three mortgages on property of the defendant church. Richard B. Harris was also a defendant but was defaulted. The church filed what amounted to a general denial and also filed a special defense alleging lack of authority in the signers to bind the defendant, that the transaction was out of the course of regular business and that no consideration moved to it. In reply the plaintiffs pleaded estoppel and ratification. Judgment was for the plaintiffs.

The finding is not attacked. The church, a Connecticut ecclesiastical corporation, owned a building in Norwalk which was used for church services. Its small membership was divided into two factions, one headed by Rose Norwood and the other by the Reverend R. B. Harris. The strife between these factions culminated in the bringing of an action for the appointment of a receiver in November, 1936. Rose Norwood and some of her associates were plaintiffs and the action was brought by Sidney Vogel and Margaret Sigsway, their attorneys. On April 22, 1937, the Reverend James N. Zeigler was appointed permanent receiver. No counsel was formally appointed for him but counsel for the plaintiffs and defendants acted for him since all parties were interested in the preservation of the church.

It appears from the receivership file that the receiver filed a ‘final’ report dated December 8, 1938, stating his account, showing cash on hand of $165.27 and approved claims of $159.71. It also stated ‘That the undersigned Receiver is willing to refrain from claiming any fee for such services in view of the financial situation as above set forth. Said Receiver is further authorized to say that his attorney makes no claim for advice and assistance given the Receiver.’ On June 18, 1939, Cohn, a plaintiff, was requested to act as counsel for the church by Harris, defending the receivership action, and he entered his appearance June 28, 1939. On June 26, 1939, the receiver filed his supplemental account, showing a balance of $4.02. On June 30, 1939, this was accepted and the balance allowed the receiver as expenses; a petition for allowance to the receiver, a motion for dissolution of the church and one for the sale of the real estate were denied and it was further ordered that ‘when the Receiver has filed his report he may be discharged.’ On July 7, 1939, the receiver filed another ‘final’ account and prayed for his discharge. In this report he stated, ‘There are no debts chargeable to him as Receiver and to the best of his knowledge, no debts against the Church corporation.’ This report was sworn to before Sidney Vogel, a plaintiff.

No formal discharge was entered and on January 10, 1940, the original plaintiffs, acting by Vogel and Sigsway, filed a motion for the sale of the real estate. On April 16, 1940, Cohn filed a motion for the termination of the receivership. On June 20, 1940, a church meeting was held (found illegal) at which Cohn, a plaintiff, was present. He there stated that it was necessary to give notes and mortgages for $400, $300, and $121.68 to himself, Vogel and Sigsway, and the receiver...