# Matter of Koch

> New York Court of Appeals · November 17, 1931 · 257 N.Y. 318

URL: https://www.frixlaw.com/law-library/cases/3630013

## Case

- **Full name:** In the Matter of Flora M. Koch, Respondent, Et Al., as Trustees of Fifth Church of Christ, Scientist, New York. Ralph Wadsworth Et Al., Appellants
- **Court:** New York Court of Appeals
- **Decided:** November 17, 1931
- **Citations:** 257 N.Y. 318; 178 N.E. 545; 1931 N.Y. LEXIS 858
- **Precedential status:** Published
- **Opinion:** Dissent by Pound
- **Judges:** Pound, Kellogg
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3630013

## Opinion text

Pound, J.
(dissenting). The three trustees could be removed only for cause after notice and a hearing. They were removed summarily after a debate on a resolution which was not a trial on charges after notice. They did not waive their rights by opposing the adoption of the resolution. Such irregularities are subversive of the regular procedure in accordance with which a religious organization should operate and should not be tolerated.
Cardozo, Ch. J., Crane, O’Brien and Hubbs, JJ., concur with Kellogg, J.; Pound, J., dissents in memorandum in which Lehman, J., concurs.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3630013. Public record. Not legal advice.