
    George R. Bristor, Resp’t, v. Stephen H. Burr et al., Appl’ts.
    
      (Supreme Court, General Term, Second Department,
    
    
      Filed December 13, 1887.)
    
    1. Corporations—Officers—Vacancies—How created—Illegal election—Acts done by a majority illegally elected.
    The plaintiff was the pastor of the Spring Valley Methodist Episcopal Church. Trouble arose in the church and the plaintiff was suspended. Soon after his suspension he began preaching in Van Houten's Hall. Seven of the trustees of the church followed the deposed pastor ani attended his services. Thereupon an election was held and three new trustees were elected, who, together with those remaining with the church, are made the defendants. During this time the plaintiff continued to-occupy the parsonage, and on refusal to quit, at the direction of these defendants, was ejected. This action is for damages for forcible entry and. eviction and conversion of his property. Held, that the term of the-previous occupants of the position of trustees had not expired, nor had they resinned the office; the simple announcement that their offices were vacant, did not depose them from office; the election was a nullity; the members of the board were not changed and no legal majority of the board, voted to expel the plaintiff from the parsonage, and that, therefore, the eviction was illegal.
    8. Landlord and tenant—Tenant by sufferance—Right to a month’s NOTICE TO QUIT.
    
      Held, that as the plaintiff had occupied the premises without objection for two months, that was sufficient to create a tenancy by sufferance-entitling the plaintiff to a month’s notice to quit.
    8. Same—Servant of a tenant—Entitled to reasonable notice to quit-—Two days not reasonable time.
    
      Held, that even if the plaintiff had been a servant and his possession that of his master, he would be entitled to a notice reasonable in time, and that a notice of two days was not such a notice.
    Action to recover damages for a forcible entry and detainer, an assault and a conversion of personal property.
    It was tried at the Rockland circuit before Justice Cullen and a jury and a verdict found for the plaintiff. From the judgment entered thereupon these defendants have appealed and urge as the principal ground of their appeal alleged errors in the charge to the jury by the trial judge.
    
      There was at Spring Valley, in Rockland county, a church known as the “Spring Valley Methodist Church,” owning a church building and using as a parsonage a residence leased of the Mutual Life Insurance Company. This church was a member of the Newark conference of the M. E. church, subject to its jurisdiction, and at the time in question under the direct supervision of the presiding elder, Rev. Alexander Craig. In April, 1885, this conference sent to the Spring Valley church as its pastor the plaintiff. He with his family moved into the parsonage, already partly furnished by the church, and continued to occupy it and officiate in the church up to the early part of January, 1886. The last service he preached in the church was on the 10th or 11th of January, 1886. He ceased preaching because he was suspended by the conference of which he was a member from “all ministerial services and church privileges.” He continued under suspension until the meeting of conference in April, 1886, and then was allowed to withdraw under charges. Shortly after his suspension, and on February J, 1886, plaintiff began preaching in Van Houten’s hall, in Spring Valley, and continued to do so regularly thereafter. At the time of the plaintiff’s suspension the trustees of the M. E. church were Stephen H., Burr, Abram T. Van Houten and Jackson Rose, L. Ryder,, T. F. Reed, G-. Wood, T. Jersey, J. 0. Wood and J. Swenarton. Of these Burr and Van Houten remained loyal to the church and are defendants herein. The other seven followed the deposed pastor and regularly thereafter attended his services in Van Houten’s hall. For two or three1 Sundays after the suspension of plaintiff there were no preaching services in the church. A Sunday school was held therein every morning, however. The presiding elder, by virtue of his authority, appointed Mr. W. P. Ferguson as pastor of this church, the„ first week in February. A Mr. Moore preached February 14th, and after that the new pastor. On the 14th of February, and on the succeeding' Sunday, the defendant Burr read a notice to the congregation. In pursuance of that notice an election for trustees was held March 1, 1886, at which time defendants Smith, Tenure and Onderdonk were elected such trustees. Shortly after this election, and on the 15th day of March, 1886, a notice was served upon the plaintiff requiring him to remove from the parsonage within forty-eight hours, signed by all the defendants except Fisher. Upon the lYtli of March, the defendant Fisher, under the employment and by the direction of the other defendants, entered the parsonage and removed the plaintiff and his family. When Fisher entered the house some of plaintiff’s things were already packed up and ready for removal. He refused to, go out until put out, so that, to use his own language, it would be an “ejectment.” He took that night some of his things and the balance which he refused to take were placed in storage.
    
      Irving Brown, for resp’t; A. Z. Snider & A. Wheeler, for app’lts.
   Pratt, J.

The ruling of the circuit judge that the eviction was illegal was clearly right.

The lease of the house was to the Ladies’ G-uild, and not to the church.

The defendants, even if trustees, had, therefore, no.control over the parsonage.

But the case fails to show that several of the defendants had any title to the office of trustee.

The term of the previous occupants had not expired, nor had they resigned the office. A simple announcement by the chairman that their offices were vacant did not depose them from office. It follows that the attempted election was a nullity, the members of the board were not changed, and no legal majority of the board voted to expel plaintiff from the parsonage.

. Moreover,' the two months occupancy of the parsonage without objection was sufficient to raise a tenancy by sufferance, entitling plaintiff to a month’s notice to quit.

And if plaintiff had been a servant and his possession that of his master, he would be entitled to a notice reasonable in time, and a notice of two days was not, under the circumstances of the case, such a notice.

The other questions do not require discussion.

Judgment affirmed, with costs.

Dykman, J., concurs.  