Foster v. Bryant

<p>A parish obtained a subscription to build a meeting-house, to be repaid out of the proceeds of the sales of pews, and appointed five persons a building committee, who accepted the trust, and built the meeting-house, and one of them was appointed treasurer and kept accounts of the business of the committee. Before the building was completed, two of the committee ceased to act, and the business was assumed and carried on by the three other members. The cost of the building exceeded the amount subscribed, and the committee were left in debt for the excess, and by agreement with the subscribers and the parish, and for their own indemnity, had the management of the unsold pews, and paid or settled with the subscribers. One of the acting members of the committee paid a certain sum to the treasurer, to be applied towards paying a debt of the committee. The treasurer afterwards received from the sales and rents of pews and other sources an amount sufficient, after discharging all expenses of the business of the committee, to repay this sum and interest. Neither the third active member of the committee nor the parish made any claim to the surplus. Held, that the member of the committee who paid this sum might maintain a bill in equity against the treasurer;but must make the parish and the three other members of the committee parties to the bill.</p>