New York Life Insurance & Trust Co. v. Rector, Church Wardens & Vestrymen of St. George's Church
New York Supreme Court
On December 30, 1818, the defendants executed and delivered to James Boggs a lease of the lot of land now known as ¡No. 116 Chambers street, in the city of ¡New York, for the term of sixty-three years, to commence September 25, 1818, at an annual ground rent of $150, payable half yearly, on the twenty-fifth days of March and September in each year during the term.
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On December 30, 1818, the defendants executed and delivered to James Boggs a lease of the lot of land now known as ¡No. 116 Chambers street, in the city of ¡New York, for the term of sixty-three years, to commence September 25, 1818, at an annual ground rent of $150, payable half yearly, on the twenty-fifth days of March and September in each year during the term. The lease was recorded in the office of the register of the city and county of ¡New York, February 10, 1819, in liber 134 of conveyances, page 306, and containing covenants on the part of the lessor to grant a renewal thereof for a…
1Opinion of the CourtLarremore, J.
The defendant’s counsel struck the keynote of this controversy in anticipating plaintiff’s position — that generous dealing by a religious incorporation with a trustee of an express trust, would be expected and enforced.
Prior to 1880 neither party had a copy of the lease. The only papers then in plaintiff’s possession were the assignment, dated December 2, 1873, and defendant’s consent thereto, dated December 20, 1873, both of which refer to the date of *513the lease (December 30, 1818), but not to the commencement of tiie term thereby granted (September 25, 1818).
The plaintiff was evidently…
2Cases cited6 opinions
- Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
- Henry v. TupperSupreme Court of Vermont · 1857
- Myers v. . De MierNew York Court of Appeals · 1873
- Hubbell v. . Von SchoeningNew York Court of Appeals · 1872
- White v. SchuylerNew York Supreme Court · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Jones v. GianferanteNew York Court of Appeals · 1953
- Gordon v. MazurAppellate Division of the Supreme Court of the State of New York · 1954
- Mico Management Corp. v. ScaraggiYonkers City Court · 1969
- Jones v. GianferanteAppellate Division of the Supreme Court of the State of New York · 1952
- Bard v. Rabinfried Realty Co.New York Supreme Court · 1924
1 more not listed; retrieve them via the Exa API.