16 Conn. 511 | Conn. | 1844
We waive the consideration of several questions, which have been discussed upon this hearing. The decision of them has become unnecessary, by reason of the opinion we have formed upon the leading point in the case.
Whether the plaintiff was a member of this society, when this debt was created, and the suit for its collection commenced, we need not determine. For the purposes of this case, it may be assumed to be true, as the defendants claim. If it be so, then arises the question, whether the Jewett City Bank can enforce the collection of the note it holds against the Norwich Falls Society, by levying an execution against the corporation, upon the private property of the plaintiff, one of its members?
In the case of Beardsley v. Smith, ante, 368, we held, in conformity with the immemorial usage in this state, sanctioned by a long course of judicial recognition, as well as decisions, that the inhabitants of towns and other local political communities, known as quasi corporations, were liable as parties to suits against such corporations, and that their individual estate could be taken in execution for the satisfaction of corporate debts. The defendant now claims the application of that decision and principle to the present case. We repeat here, what we said there: “The law, as it is, and as we find it, must be our rule of decision.” Neither in this country, nor in England, has it ever been supposed, that the private property of the members of private voluntary corporations could be taken to satisfy a debt of the corporation, unless it be so subjected by the provisions of its charter. On the contrary, a different doctrine has been every where established. The Norwich Falls Society is a corporation of this character, and, in its essential features, is entirely unlike a municipal association, created by the legislature for political objects, with defined territorial limits, and embracing as members all persons within its boundaries. It more nearly resembles, and falls under the law applicable to, incorporated academies, colleges, and other literary institutions. And although this society is without a special charter, it was essentially incorporated, by virtue of the 13th section of the statute relating to religious societies and congregations.
During the early history of the state, and before the adoption of our present constitution, all ecclesiastical societies
Decree for plaintiff.