South Baptist Society v. Clapp
New York Supreme Court
This was an appeal, by the plaintiff, from a judgment entered upon the report of a referee. The complaint alleged that on September 13; 1842, the plaintiff became, and had ever since been, a religious corporation, under the general act to provide for the incorporation of religion's societies., passed April 5,1813. That shortly prior to May 27, 1843, the plaintiff, desiring to purchase from Archibald McIntyre the premises in question and described in the complaint, applied to…
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This was an appeal, by the plaintiff, from a judgment entered upon the report of a referee. The complaint alleged that on September 13; 1842, the plaintiff became, and had ever since been, a religious corporation, under the general act to provide for the incorporation of religion's societies., passed April 5,1813. That shortly prior to May 27, 1843, the plaintiff, desiring to purchase from Archibald McIntyre the premises in question and described in the complaint, applied to him through Beuel Olapp, the president of their board of trustees, to sell the premises to the plaintiff. That Mclntire…
1Opinion of the Court
By the Court, Parker, J.
It is important to ascertain, at the outset, whether Eeuel Clapp, when he took the deed from McIntyre, held the property in his own absolute right, or as trustee for the plaintiff. It is contended by the plaintiff's counsel that Eeuel Clapp was the agent of the plaintiff in making the purchase, and took the deed to himself under such circumstances as to make him a trustee holding for the benefit of the plaintiff It is not claimed, nor does it appear by the facts found by the referee, that there was any express trust; but it is supposed to be a proper case for adjudging…
2Cases cited6 opinions
- Van Epps v. Van EppsNew York Court of Chancery · 1841
- Dutch Church in Garden-Street v. MottNew York Court of Chancery · 1838
- Sweet v. JacocksNew York Court of Chancery · 1837
- Conger v. RingNew York Supreme Court · 1851
- Voorhees v. Presbyterian Church of AmsterdamNew York Supreme Court · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hoyle v. Plattsburgh & Montreal RailroadNew York Court of Appeals · 1873
- Tenney v. East Warren Lumber Co.Supreme Court of New Hampshire · 1861
- Madison Avenue Baptist Church v. Baptist Church in Oliver StreetThe Superior Court of New York City · 1876