Baker v. Nachtrieb
60 U.S. 126 (1856)

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U.S. Supreme Court

Baker v. Nachtrieb, 60 U.S. 19 How. 126 126 (1856)

Baker v. Nachtrieb

60 U.S. (19 How.) 126

Syllabus

The Harmony Society was established upon the basis of a community of property, and one of the articles of association provided that if any member withdrew from it, he should not claim a share in the property, but should only receive, as a donation, such sum as the society chose to give.

One of the members withdrew, and received the sum of two hundred dollars, as a donation, for which he gave a receipt, and acknowledged that he had withdrawn from the society and ceased to be a member thereof.

A bill was then filed by him, claiming a share of the property upon the ground that he had been unjustly excluded from the society by combination and covin, and evidence offered to show that he had been compelled to leave the society by violence and harsh treatment.

The evidence upon this subject related to a time antecedent to the date of the receipt. There was no charge in the bill impeaching the receipt or the settlement made at its date.

Held that under the contract, the settlement was conclusive unless impeached by the bill.

This was a bill filed by Nachtrieb under the circumstances mentioned in the opinion of the court.

The circuit court, after having referred the case to a master to state an account, decreed that the trustees should pay to Nachtrieb the sum of $3,890, from which decree the trustees appealed to this Court.

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