Willard v. the Trustees of The Methodist Episcopal Church of Rockville Ctr..
| Decision Date | 30 September 1872 |
| Citation | 66 Ill. 55,1872 WL 8496 |
| Parties | JOHN WILLARDv.THE TRUSTEES OF THE METHODIST EPISCOPAL CHURCH OF ROCKVILLE CENTRE. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Kankakee county; the Hon. CHARLES H. WOOD, Judge, presiding.
Mr. C. A. LAKE, for the appellant.
Mr. W. H. RICHARDSON, and Mr. H. L. RICHARDSON, for the appellees.
This suit was brought upon an instrument in writing, purporting to be a subscription paper, with the name of appellant thereon as a subscriber.
The execution of the instrument was not put in issue by sworn plea, and it was therefore not error to refuse to allow the subscriber to testify that he did not sign the paper.
The other point made for reversal is, that there was not an organization of the corporation in strict conformity to the statute, at the time the subscription was made, nor at the time the suit was commenced.
There was an organization in fact, and though the subscription was made prior thereto, it inured to the benefit of the corporation thereafter created. In this case there was a corporate body de facto. The trustees made contracts, superintended the erection of a church, and generally performed the duties pertaining to their position. The formal certificate afterwards signed by the trustees referred to the original organization, and, with other proof, established the fact.
This organization and user under it proved the existence of the corporation for the purposes of this suit, notwithstanding the plea of nul tiel corporation. Cross v. Pinckneyville Co. 17 Ill. 54; Griswold v. Trustees of Peoria University, 26 Ill. 41; Mitchell v. Deeds, 49 Ill. 417; Baker v. Admr. of Backus, 32 Ill. 79.
There is no merit in the defense, and the judgment is affirmed.
Judgment affirmed.
To continue reading
Request your trial
-
Mitchell v. Jensen
... ... Morrison, 54 Md. 161; Catholic Church at Lexington ... v. Tobbein, 82 Mo. 418; ... Thompson v. Candor, 60 Ill. 244; Willard v ... Methodist Episcopal Church, 66 Ill. 55; ... ...
-
The Board of Commissioners of Wyandotte Co. v. The First Presbyterian Church of Wyandotte
... ... church property shall vest in the trustees, "whose ... election shall be by the members of ... , unlike the Iowa case, there were the Methodist ... Episcopal church, the Methodist Episcopal ... Kurtz, 2 Pet. 566, ... 583; Mankato v. Willard, 13 Minn. 18.) Property may be ... dedicated in ... ...
-
Stofflet v. Strome
...debts. He treated with it as a corporation, and cannot defeat his liability by the failure to record the certificate. Willard v. Trustees, 66 Ill. 55. 2. The next contention is that the suit was not brought in the name of the corporation. The name specified in the certificate is the “Salem ......
- Freeman v. Freeman