Legal Opinion

Voorhees v. Presbyterian Church of Amsterdam

New York Supreme Court

Decided December 18, 1849PublishedCited by 12 opinions

This action was brought by the plaintiffs to recover possession of pew No. 45, in the church of the defendants in the village of Amsterdam, or the place formerly occupied by such pew in the church edifice, and damages sustained by reason of the trustees of the church entering upon such pew and ej'ecting the plaintiffs therefrom, and removing such pew, with the appurtenances, &c.

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This action was brought by the plaintiffs to recover possession of pew No. 45, in the church of the defendants in the village of Amsterdam, or the place formerly occupied by such pew in the church edifice, and damages sustained by reason of the trustees of the church entering upon such pew and ej'ecting the plaintiffs therefrom, and removing such pew, with the appurtenances, &c. It appeared by the pleadings, and was conceded on the trial, that the church was regularly incorporated in 1807 under the general incorporating act of 1801, (1 Web. & Skin. ed. Laws of N. Y. 338,) and that the other…

1Opinion of the CourtPaige, J.

The Presbyterian Church of Amsterdam village, &c. one of the defendants, was regularly incorporated under the “act to provide for the incorporation of religious societies,” passed March 27th, 1801. By the 4th section of that act the trustees of every congregation incorporated under the act were authorized and empowered to take into their possession and custody all the temporalities belonging to the congregation, whether the same consisted of real or personal estate, and whether the same had been given, granted or devised directtly to such congregation, or to any other congregation for their…

2Cases cited17 opinions

  1. People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
  2. Van Epps v. Van EppsNew York Court of Chancery · 1841
  3. Darling v. Rogers & SagoryCourt for the Trial of Impeachments and Correction of Errors · 1839
  4. Dutch Church in Garden-Street v. MottNew York Court of Chancery · 1838
  5. Stanton v. AllenNew York Supreme Court · 1848

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3Cited by12 opinions

  1. Kincaid's AppealSupreme Court of Pennsylvania · 1870
  2. Voorhees v. Presbyterian ChurchNew York Supreme Court · 1853
  3. Beekman v. PeopleNew York Supreme Court · 1858
  4. In re the Minister, Elders & Deacons of the Reformed Dutch ChurchNew York Supreme Court · 1853
  5. McCaughal v. RyanNew York Supreme Court · 1857

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