Commonwealth v. Greek Catholic Church

Citations

• 245 Pa. 411
• 91 A. 850
• 1914 Pa. LEXIS 889

Syllabus

<p>Corporations — Charter—Disputed title to charter — Fraternal societies — Church congregation — Judgment n. o. v.</p> <p>In quo warranto proceedings to test the right of “The Greek Catholic Church of St. Michael The Archangel” to exercise its corporate franchises, it appeared that an already formed fraternal organization, through a committee of its members, and at its own expense, had obtained a charter of incorporation, wherein the purpose of the organization was stated to be the establishment of a church for religious worship and the earing for members and their families in case of sickness and death. The title appeared in the charter in Russian and English. The correct translation of the Russian name in the corporate title of the organization was “The Greek Catholic Church Brotherhood of St. Michael The Archangel,” but by mistake the word “Brotherhood” was omitted from the English name. Nine years thereafter, a congregation was formed, consisting in part of the members of the Brotherhood under the name of “The Greek Catholic Church of St. Michael The Archangel.” It appeared that the writ was intended to be directed to the Brotherhood, upon which it was served and that certain real estate standing in the name of “The Greek Catholic Church of St. Michael The Archangel” was purchased by the Brotherhood and not by the congregation. It did not appear that the church organization when effected was intended to be under the charter which had been obtained by the Brotherhood. By agreement, the issue to be decided was whether the charter was the property of the congregation or of the Brotherhood. Held, that judgment should be entered for the respondent Brotherhood.</p>