72 Wis. 411 | Wis. | 1888
This action is brought against a large number of persons forming a voluntary unincorporated congregation of the Koman Catholic Church to recover a debt due from them as such congregation. The defendants demurred to the complaint on several grounds. The court below, on motion, struck out the demurrer for frivolousness, giving
It appears from the complaint that the defendants were in 1883, and now are, members of a voluntary unincorporated religious association of the Roman Catholic Church; that they had a priest as their religious head, and trustees who, with the priest, governed the members in secular affairs, and who had power to incur debts for the association
So it will be seen from these averments that it is not sought to hold the defendants liable on the ground that they were members of an association which constituted a partnership in a legal sense, but upon the ground that they had Incurred personal liability, acting by agents who were duly authorized to bind the members by their acts in making the settlement and stating the account between the association and their former parish priest, Rev. James Colton.
What legal objection can there be to holding the defendants upon such facts liable for a debt which they had thus contracted, assented to, and agreed to pay? They certainly had the right to bind themselves by their agents in such a contract, whether there were many or few of them. The case would seem to involve the ordinary principles of agenejn The trustees and parish priest, in incurring the alleged indebtedness, acted merely as the agents of the association and its members, with power to bind them jointly and severally b}r their acts. Under such circumstances it is no hardship to hold them liable personally for the debt. This responsibility does not rest upon the mere fact that they are or were members of the association when the debt was incurred, but upon the ground that they approved of or participated in contracting it, and subsequently assumed and agreed to pay it through their authorized agents.
In the case of Ash v. Guie, 97 Pa. St. 493, which appellants’ counsel cites, the principle is recognized that the members of the committee, or those members of a lodge who
The same counsel requested this court, if it affirmed the order, to give the defendants leave to answer. That is plainly a matter for the circuit court, which will doubtless grant such leave on application therefor. Surely the defendants ought to have an opportunity to answer and defend the case on the merits, and we must presume; the court below will give them that right. But the order is affirmed for the reasons stated, and the cause remanded for further proceedings according to law.
By the Court.— Ordered accordingly.