Erwin v. Hurd
New York Supreme Court
Motion to vacate an injunction. The plaintiff, Francis E. Erwin, brought this action against Artemas B. Hurd, and others, trustees of the First Presbyterian Society of the village of Painted Post, and one Andrew H. Smith; and in such action, procured ex parte a preliminary injunction restraining the trustees from selling to Smith a certain church edifice which had been originally erected on land granted by the plaintiff in the year 1840. The plaintiff, in his complaint and…
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Motion to vacate an injunction. The plaintiff, Francis E. Erwin, brought this action against Artemas B. Hurd, and others, trustees of the First Presbyterian Society of the village of Painted Post, and one Andrew H. Smith; and in such action, procured ex parte a preliminary injunction restraining the trustees from selling to Smith a certain church edifice which had been originally erected on land granted by the plaintiff in the year 1840. The plaintiff, in his complaint and affidavits, showed, among other things, that in 1840 he and his wife had executed and delivered to the trustees of the…
1Opinion of the CourtRumsey, J.
I do not think that the deed from plaintiff to the trustees of the church created any trust. The purposes specified in the deed were those for which the society was authorized to take title to lands, and the grant was directly to the corporation to hold for those purposes, which were largely for its own benefit. Hence it was at the same time trusteee and eestui que trust, if the deed created a trust.
*95If the trusts expressed in the deed were legal, they designated only the object for which the statute says that the corporation may take the legal title, and therefore no trust would be created…
2Cases cited52 opinions
- Watson v. JonesSupreme Court of the United States · 1872
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
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3Cited by6 opinions
- Corp. of the Chamber of Commerce v. BennettNew York Supreme Court · 1932
- Brady v. GregoryIndiana Court of Appeals · 1912
- In re the Will of HemstreetNew York Surrogate's Court · 1917
- De Veaux College v. Highlands Land Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Ovington Bros. v. HenshawNew York Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.