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38 IN THE COURT OF APPEALS [I5
Goard v. Branscom
In 6 Am. Jur. 2d, Associations and Clubs, 8 31, it is said:
"The general rule deducible from the cases which
have passed on the question is that the members of an
unincorporated association are engaged in a joint enter-prise,
and the negligence cw fault of each member in the
prosecution of that enterprise is imputable to each and
every other member, so that the member who has suffered
damages to his person, property, or reputation through
the tortious conduct of another member of the association
may not recover from the association for such damage, al-though
he may recover individually from the member ac-tually
guilty of the tort. * * * "
However, in North Carolina, the Supreme Court has held
in Lord v. Hardie, supra, and Way v. Ramsey, supra, that a
religious congregation was a quasi corporation but the Court did
not define a quasi corporation or set out the intrinsic and
material differences between such a quasi corporation and a
true corporation. The question of whether a member of the
congregation of a Baptist church can recover from such
church for a tort committed by the agents, employees or another
member thereof, seems to be one of first impression in North
Carolina.
Under G.S. 61-2, it is provided that: "The trustees and
their successors have power to receive donations, and to pur-chase,
take and hold property, real and personal, in trust for
such church or denomination, religious society or congregation;
and they may sue or be sued in a11 proper actions, for or on
account of the donations and property so held or claimed by
them, and for and on account of any matters relating
thereto. * * * " (Emphasis added.) This action for negligence
is a matter relating to the use of real property within the
intent and meaning of the statute, but G.S. 61-2 does not, and
we have found no other statute which does, authorize a mem-ber
of a church or denomination, religious society or congrega-tion
(a quasi corporation) to recover of the q w i corporation
for the negligence of an agent, employee or another member
thereof. The parties have not cited, and our research has not
revealed any case in North Carolina relating to the right of a
member to recover of a church or denomination, religious
society or congregation (a quasi corporation) for the negligence
of its members, agents or employees.
Object Description
| Title | North Carolina Court of Appeals Reports [v.015, Spring Session 1972] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1973 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 15, Spring Session 1972. Cited as 15 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 36 MB; 842 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_015.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 62 |
| Full Text | 38 IN THE COURT OF APPEALS [I5 Goard v. Branscom In 6 Am. Jur. 2d, Associations and Clubs, 8 31, it is said: "The general rule deducible from the cases which have passed on the question is that the members of an unincorporated association are engaged in a joint enter-prise, and the negligence cw fault of each member in the prosecution of that enterprise is imputable to each and every other member, so that the member who has suffered damages to his person, property, or reputation through the tortious conduct of another member of the association may not recover from the association for such damage, al-though he may recover individually from the member ac-tually guilty of the tort. * * * " However, in North Carolina, the Supreme Court has held in Lord v. Hardie, supra, and Way v. Ramsey, supra, that a religious congregation was a quasi corporation but the Court did not define a quasi corporation or set out the intrinsic and material differences between such a quasi corporation and a true corporation. The question of whether a member of the congregation of a Baptist church can recover from such church for a tort committed by the agents, employees or another member thereof, seems to be one of first impression in North Carolina. Under G.S. 61-2, it is provided that: "The trustees and their successors have power to receive donations, and to pur-chase, take and hold property, real and personal, in trust for such church or denomination, religious society or congregation; and they may sue or be sued in a11 proper actions, for or on account of the donations and property so held or claimed by them, and for and on account of any matters relating thereto. * * * " (Emphasis added.) This action for negligence is a matter relating to the use of real property within the intent and meaning of the statute, but G.S. 61-2 does not, and we have found no other statute which does, authorize a mem-ber of a church or denomination, religious society or congrega-tion (a quasi corporation) to recover of the q w i corporation for the negligence of an agent, employee or another member thereof. The parties have not cited, and our research has not revealed any case in North Carolina relating to the right of a member to recover of a church or denomination, religious society or congregation (a quasi corporation) for the negligence of its members, agents or employees. |
