Tabernacle Baptist Church v. Fifth Avenue Baptist Church
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Fifth Avenue Baptist Church of New York City, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of October; 1900, upon the decision of the court rendered after a trial at the New York Special Term.
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Appeal by the defendant, the Fifth Avenue Baptist Church of New York City, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of October; 1900, upon the decision of the court rendered after a trial at the New York Special Term. This action was brought to recover so much of the income of a trust fund of which the defendant is alleged to be the trustee, as accrued from May 31, 1893, down to the date of the beginning of the action, namely, November 26, 1898. In 1892 the Tabernacle Baptist Church, then a…
1Opinion of the Court
Hatch, J. :
There is very little dispute as to the facts in this case, and, as we view it, none whatever as to the facts essential to the determination of the questions presented. It is undisputed that the Fifth Avenue Baptist Church, the defendant, executed the contract in question ; that it took and received the mortgage bonds therein mentioned ; that for a time it performed the agreement by receiving and collecting the income and paying it over to the plaintiff as therein provided, and that at the time this action was commenced there had accrued and the defendant had received for the…
2Cases cited14 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Woodward v. . JamesNew York Court of Appeals · 1889
- Gilman v. . ReddingtonNew York Court of Appeals · 1861
- Locke v. Farmers' Loan & Trust Co.New York Court of Appeals · 1893
- Adams v. . PerryNew York Court of Appeals · 1871
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In re the Judicial Settlement of the Account of Proceedings of GoldmarkAppellate Division of the Supreme Court of the State of New York · 1919
- In re the Final Judicial Settlement of the Accounts of NorthropAppellate Division of the Supreme Court of the State of New York · 1922
- Art Students' League of New York v. HinkleyDistrict Court, D. Maryland · 1929
- In re the Estate of HortonNew York Surrogate's Court · 1936
- Guaranty Trust Co. v. CuttingNew York Supreme Court · 1927
9 more not listed; retrieve them via the Exa API.