Green v. Cady

Decided October 15, 1832

New York Supreme Court · decided 1832-10-15

Error from the Monroe common pleas. Cady and five other persons, describing themselves as “ trustees of the first congregation society in Mendon,” sued Green in a justice’s court, and declared against him in trespass for entering their close, and removing, taking and carrying away the corner stone of their meeting-house, the contents, records, money, &c. The defendant pleaded the general issue, and gave notice that he would prove that no such coporation existed, and that the…

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Decided 1832-10-15

How this case has been cited

Cited by 6 later decisions (1 by the Supreme Court) — most recently April 1896

1 federal appellate · 4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court,

Nelson, J.

¶2Without enquiring whether this religious society was duly incorporated, or not, I am of opinion that the plaintiffs had sufficient possession of the meeting house to entitle-them to maintain trespass against the defendant. Admitting that they were not legally trustees in pursuance of the provisions of the act regulating the incorporation of religious societies, 2 R. L. 212, they were trustees de facto and as such, had possession of the house according to the fourth section of that act; and that possession being under colour of right, was sufficient to entitle them to bring a suit against a trespasser. 9 Johns. R. 147.

¶3Judgment affirmed, with double costs.