
    LOUIS G. HART, Appellant, v. THE TRUSTEES CONGREGATION SHEARITH ISRAEL, Respondents.
    
      Religious corporation—powers of individual trustees and of president—person dealing with president chargeable with notice of limitations of power.
    
    Before Sedgwick, Ch. J., Truax and Ingraham, JJ.
    
      Decided June 2, 1883.
    Appeal from judgment entered on the dismissal of the complaint. The action was tried before a court and a jury.
    Action by broker to recover his commissions upon a sale of real estate, belonging to the defendant.
    “The court at General Term, said : “There is no evidence that the plaintiff was ever employed by the defendants to sell the real estate in question. Mr. Nathan had no power to bind the defendants. He never attempted to bind them. That could only be done by the trustees of the corporation as a board and not as separate individuals (Constant v. The Rector, &c., 4 Daly, 305). There was nothing in defendant’s constitution and by-laws that gave any authority to the president, or acting president of the trustees, any power to employ the plaintiff, without the knowledge or consent of the board of trustees, and the plaintiff was chargeable with notice of the president’s authority, and of the limitations and instructions upon it, contained in said constitution and by-laws (Dabney v. Stevens, 32 Super. Qt. 415).
    
      Everett P. Wheeler, for appellant.
    
      Charles A. Lane and Morris Goodhart, for respondent
   Opinion Per Curiam.

Judgment affirmed with costs.  