Ada Street Methodist Episcopal Church v. Garnsey

Citations

• 66 Ill. 132

Syllabus

<p>1 Religious society—must sue and he sued through its trustees. Religious societies incorporated under the provisions of the Revised Statutes of 1845 and the act of 1855, relating to such bodies, can only sue by their trustees and be reached by suit only through their trustees. As a church, they can not sue or be sued, but actions by or against them must be brought by or against the trustees.</p> <p>2. Same—waiver of objection as to the style by which corporation is sued. Where a religious society, incorporated under the laws of this State, was sued as The Ada Street Methodist Episcopal Church, instea'd of as the trustees of such church, but failed to take advantage of the objection in the court below: Held, that the objection could not be taken on appeal.</p> <p>3. Coktbact—to pay for plans upon a condition. Where various plans were drawn and presented for a church building, and that of the plaintiff was accepted by the defendants upon condition that the building on the plaintiff’s plans could be built for a certain sum, and when it was ascer: tained that it could not be built for such sum the plans were rejected, and the evidence failed to show any promise to pay for the plans: Reid, that the plaintiff was not entitled to recover for making the plans.</p>