Kemp v. N.M. Annual Conference of The Methodist Episcopal Church

• Decision Date: 24 September 1919
• Docket Number: Nos. 2245, 2246.,s. 2245, 2246.
• Citation: 184 P. 484,25 N.M. 418
• Court: New Mexico Supreme Court
• Parties: KEMPv.NEW MEXICO ANNUAL CONFERENCE OF THE METHODIST EPISCOPAL CHURCH, SOUTH, et al.KEMP LUMBER CO.v.SAME.

25 N.M. 418

184 P. 484

KEMP

v.NEW MEXICO ANNUAL CONFERENCE OF THE METHODIST EPISCOPAL CHURCH, SOUTH, et al.KEMP LUMBER CO.

v.SAME.

Nos. 2245, 2246.

Supreme Court of New Mexico.

Sept. 24, 1919.

Syllabus by the Court.

The fact that individuals were members of an annual church conference, which invited proposals from different communities of donations towards the erection of a denominational college, and received such proposals and accepted one, and thereupon voted that a corporation should be formed under article 4 of chapter 23, Code 1915, which authorizes the formation of a corporation for religious, benevolent, charitable, scientific, and literary purposes, without capital stock, and such corporation was thereafter formed, and the subscription contracts were assigned to such corporation, and the corporation thereafter, through its board of trustees, incurred indebtedness, does not render the individuals who attended the conference and approved the action taken liable for such debts so incurred by the corporation.

Appeal from District Court, Chaves County; McClure, Judge.

Actions by Edwin B. Kemp and by the Kemp Lumber Company, respectively, against the New Mexico Annual Conference of the Methodist Episcopal Church, South, B. P. Williams, and others. Dismissed as to defendant Williams, and judgments for the other individual defendants, and plaintiffs appeal. Causes considered together, and judgments affirmed.

The fact that individuals were members of an annual church conference, which invited proposals from different communities of donations towards the erection of a denominational college, and received such proposals and accepted one, and thereupon voted that a corporation should be formed under article 4 of chapter 23, Code 1915, which authorizes the formation of a corporation for religious, benevolent, charitable, scientific, and literary purposes, without capital stock, and such corporation was thereafter formed, and the subscription contracts were assigned to such corporation, and the corporation thereafter, through its board of trustees, incurred indebtedness, does not render the individuals who attended the conference and approved the action taken liable for such debts so incurred by the corporation.

Reid, Hervey & Iden, of Roswell, for appellants.

C. R. Brice and Tomlinson Fort, both of Roswell, for appellees.

ROBERTS, J.

The facts and the rights of the parties in the above-styled cases being identical, except that Kemp's action was upon an open account and the action by the corporation was upon a promissory note, the cases will be considered together.

These actions were instituted in the district court against the appellees herein, the New Mexico Annual Conference, the General Conference Board of Education, and certain individuals, S. E. Allison, B. P. Williams, J. H. Messer, and J. K. Cochran, members of said conference. No service of process has ever been had upon the General Conference Board of Education, and therefore nothing is claimed against that corporation. The New Mexico Annual Conference, it is admitted by the appellants, is not such an entity as can be sued and a judgment rendered against it. The appellants, however, do claim that, if a case is established, a judgment can rightfully be rendered against the individuals herein named.

The Methodist Episcopal Church, South, is governed by what is known as a General Conference, which is a national convention held every four years, which makes and promulgates certain rules, regulations, and bylaws for the government of the church, known as the Discipline. Under this Discipline it appears that each general division holds what is known as an “Annual Conference”; New Mexico and a part of Texas constituting a division. The Annual Conference is composed of all ministers and certain lay delegates elected by local and district conferences, churches, and congregations. This conference meets annually. At the Annual Conferences held in 1905, 1906, and 1907 the question of establishing a college in the division composed of New Mexico and a part of Texas was discussed, and in 1908 a committee was appointed for the purpose of receiving proposals from different communities and accepting funds that would be subscribed toward the establishment of such a college, and this committee decided to accept the proposal made by the citizens of Artesia, N. M., conditioned upon such citizens furnishing the ground upon which to erect the college buildings and $45,000 represented by promissory notes of various individuals. The notes were to be collected by the local committee at Artesia and the proceeds turned over to the college. The committee reported to the next Annual Conference, and the conference voted that a corporation should be organized under the provisions of what is made the second subdivision of article 4 of chapter 23, Code 1915, which provides that five or more persons, a majority of whom shall be citizens of the United States and residents of New Mexico, may organize a...