Burrel v. Associate Reformed Church of Seneca
New York Supreme Court
APPEAL by the -plaintiffs from an order made at a special term, allowing a demurrer to the complaint. The object of the action was to restrain the defendant from diverting its property, mentioned in the complaint, from the purpose for which it was acquired, and is held, and appropriating it to a different purpose.
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APPEAL by the -plaintiffs from an order made at a special term, allowing a demurrer to the complaint. The object of the action was to restrain the defendant from diverting its property, mentioned in the complaint, from the purpose for which it was acquired, and is held, and appropriating it to a different purpose. The complaint was as follows: “The plaintiff, in the above entitled action in behalf of themselves, and such other members of the Associate Reformed Church of .the town of Seneca, as adhere to the constitution and standards of the United Presbyterian Church of North America, in all…
1Opinion of the Court
By the Court, B. Darwin Smith, J.
The demurrer "in this cause was sustained upon the authority of the cases of Robertson v. Bullions, (1 Kern. 243,) and of Petty v. Tooker, (21 N. Y. Rep. 267.)
It was considered by the learned judge, at special term, that those cases had put an end in the courts of justice in this state to the class of controversies and questions of the nature of "those presented in the complaint in this action. But it is now urged uj)on us with much earnestness by learned counsel that this is not the case, and that there is nothing in the decision of either of those cases that…
2Cases cited2 opinions
- Miller v. GableNew York Supreme Court · 1845
- Petty v. . TookerNew York Court of Appeals · 1860
3Cited by12 opinions
- Fadness v. BraunborgWisconsin Supreme Court · 1889
- Watson v. GarvinSupreme Court of Missouri · 1873
- Hardin v. Trustees of the Second Baptist Church of the City of DetroitMichigan Supreme Court · 1883
- First Presbyterian Church v. WilsonCourt of Appeals of Kentucky · 1878
- Hale v. EverettSupreme Court of New Hampshire · 1868
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