The Clergyman's Hand-book of Law: The Law of Church and GraveScanlan, Charles Martin
Religion
The Clergyman's Hand-book of Law: The Law of Church and Grave
Scanlan, Charles Martin
Burial laws -- United States; Ecclesiastical law -- United States
*54.* _Partners, Debt, Liability._—Where several go into an undertaking
without first being incorporated they are usually liable as partners, each
one being responsible for the whole debt. In some States the same
liability exists where an attempt has been made to incorporate, but there
was a failure to comply fully with the law.(93) There is some authority
freeing the individual members of a religious society from liability for
the debts of such society,(94) and holding that an agent of such society
could not bind the society in their associated capacity by a promissory
note,(95) but the rule is that the members of an unincorporated society
who actively incur lawful debts or ratify them after their creation are
personally liable. There are exceptions to this rule by statute or
decisions in a few States.(96) Also, the law of personal liability is
settled in England.(97)
*55.* _Pastor, Salary._—In a late case in Wisconsin where a pastor had a
contract with his congregation as to his salary, after the clergyman’s
death his heirs recovered the unpaid part of his salary in an action
against a few of the individual members of the congregation.(98)
*56.* _Building, Materials._—The members of the building committee of an
unincorporated church are liable for materials purchased by them for the
church, notwithstanding that the seller charged the materials in the name
of the church, and that at the time that the purchase was made, he was
told that the money for payment was to be raised by subscription among the
congregation.(99)
*57.* _Management, Disability._—An unincorporated society is managed by
those who are competent to transact their own business. Therefore, it
would seem that members must be men over twenty-one years of age, and not
under legal disability. The minor sons in a family who have continued
their attendance at the religious services until of full age, are
considered members.(100)
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