Case of Sutton's Hospital
Encyclopedia
Case of Sutton's Hospital (1612) 77 Eng Rep 960 is an old common law
case decided by Sir Edward Coke. It concerned the London Charterhouse
, which was held to be a properly constituted corporation.
was a coal mine owner and moneylender, as well as the Master of Ordnance
for the North of England, a military position. He founded a school
and hospital as a corporation at the London Charterhouse
. When he died, he left a large part of his estate to the charity. Sutton's other heirs, wanting more, challenged the bequest by arguing that the charity was improperly constituted. Therefore, they argued, it lacked a legal personality to be the subject of a transfer of property.
it was held that the incorporation was valid, as was the subsequent foundation of the charity and so the transfer of property to it, including the nomination of a master of the charity to receive the donation, was not void. The other heirs to Sutton's estate were therefore unable to retrieve any additional assets.
Sir Edward Coke wrote in the report the following.
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
case decided by Sir Edward Coke. It concerned the London Charterhouse
London Charterhouse
The London Charterhouse is a historic complex of buildings in Smithfield, London dating back to the 14th century. It occupies land to the north of Charterhouse Square. The Charterhouse began as a Carthusian priory, founded in 1371 and dissolved in 1537...
, which was held to be a properly constituted corporation.
Facts
Mr Thomas SuttonThomas Sutton
Thomas Sutton was an English civil servant and businessman as well as being the founder of Charterhouse School. He was the son of an official of the city of Lincoln, and was educated at Eton College and probably at Cambridge...
was a coal mine owner and moneylender, as well as the Master of Ordnance
Master-General of the Ordnance
The Master-General of the Ordnance was a very senior British military position before 1855, when the Board of Ordnance was abolished.-Responsibilities:...
for the North of England, a military position. He founded a school
Charterhouse School
Charterhouse School, originally The Hospital of King James and Thomas Sutton in Charterhouse, or more simply Charterhouse or House, is an English collegiate independent boarding school situated at Godalming in Surrey.Founded by Thomas Sutton in London in 1611 on the site of the old Carthusian...
and hospital as a corporation at the London Charterhouse
London Charterhouse
The London Charterhouse is a historic complex of buildings in Smithfield, London dating back to the 14th century. It occupies land to the north of Charterhouse Square. The Charterhouse began as a Carthusian priory, founded in 1371 and dissolved in 1537...
. When he died, he left a large part of his estate to the charity. Sutton's other heirs, wanting more, challenged the bequest by arguing that the charity was improperly constituted. Therefore, they argued, it lacked a legal personality to be the subject of a transfer of property.
Judgment
In a full hearing of the Court of Exchequer ChamberCourt of Exchequer Chamber
The Court of Exchequer Chamber was an English appellate court for common law civil actions, prior to the reforms of the Judicature Acts of 1873-1875....
it was held that the incorporation was valid, as was the subsequent foundation of the charity and so the transfer of property to it, including the nomination of a master of the charity to receive the donation, was not void. The other heirs to Sutton's estate were therefore unable to retrieve any additional assets.
Sir Edward Coke wrote in the report the following.
See also
- UK company law
- Salomon v A Salomon & Co Ltd [1897] AC 22
- Lennard's Carrying Co Ltd v Asiatic Petroleum Co LtdLennard's Carrying Co Ltd v Asiatic Petroleum Co LtdLennard's Carrying Co Ltd v Asiatic Petroleum Co Ltd [1915] AC 705 is a famous decision by the House of Lords on the ability to impose liability upon a corporation...
[1915] AC 705 - Northern Counties Securities Ltd v Jackson & Steeple Ltd [1974] 1 WLR 1133
- US corporate law
- Trustees of Dartmouth College v. Woodward, 17 US 518 (1819)
- Paul v. VirginiaPaul v. VirginiaPaul v. Virginia, 75 U.S. 168 , was a historic case in corporate law in which the United States Supreme Court held that a corporation is not a citizen within the meaning of the Privileges and Immunities Clause...
, 75 US 168 (1869), a corporation was not a citizen within the meaning of the Privileges and Immunities ClausePrivileges and Immunities ClauseThe Privileges and Immunities Clause prevents a state from treating citizens of other states in a discriminatory manner... - County of Santa Clara v. Southern Pacific Rwy. Co., 118 US 394 (1886) in a property tax case, the US Supreme Court holds that corporations are obviously "persons" with the meaning of the Fourteenth AmendmentFourteenth Amendment to the United States ConstitutionThe Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. - Minneapolis & S.L.R. Co. v. Beckwith, 129 US 26 (1889) corporations are persons for purposes of the Due Process clause of the Fourteenth Amendment.
- United States v. Martin Linen Supply Co., 430 US 564 (1977), corporations protected by the Fifth AmendmentFifth Amendment to the United States ConstitutionThe Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
against double jeopardy - Armour Packing Co. v. United States, 209 US 56 (1908) corporations can be “accused” and so under the Sixth AmendmentSixth Amendment to the United States ConstitutionThe Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
have a right to a jury trial - Citizens United v. Federal Election CommissionCitizens United v. Federal Election CommissionCitizens United v. Federal Election Commission, , was a landmark decision by the United States Supreme Court holding that the First Amendment prohibits government from censoring political broadcasts in candidate elections when those broadcasts are funded by corporations or unions...
, 130 S.Ct. 876 (2010) corporations are persons under the First AmendmentFirst Amendment to the United States ConstitutionThe First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
and hence have the unlimited right to produce campaigning material at election times
External links
- "The Case of Sutton’s Hospital." from Sir Edward Coke, Selected Writings of Sir Edward Coke, vol. I, at the Online Library of Liberty