3 N.Y.S. 572 | N.Y. Sup. Ct. | 1888
Appeal from an order denying defendant’s motion for an order charging William It. Place, William Wightman, and Irving Bell with the-payment of the taxable costs and disbursements incurred by the defendant in this action.
The General or Six Principal Baptist Society of Willett is a corporation duly incorporated pursuant to section 3, c. 60, Laws 1813. Place, Wightman, and Bell, claiming to be the trustees of the corporation, began this action for the-recovery of real property, the church edifice and grounds. The action was-tried before a referee, who decided that when this action was begun and terminated the plaintiff was in possession of the property described in the complaint; that said promoters of the action were not the trustees of the corpora- • tion, and had no authority to begin or prosecute it; but that three other persons were the legal trustees of the corporation, under whose authority the-defendant acted.
Persons who prosecute an action in the name of another as plaintiff, with-■ out authority, are liable to the person so prosecuted for the damages sustained. Bond v. Chapin, 8 Metc. 31; Foster v. Dow, 29 Me. 442; Moulton v. Lowe.
The order should be reversed, with $10 costs and printing disbursements, and the motion granted, and execution awarded pursuant to section 779 of •the Code of Civil Procedure, with $10 costs. All concur.