Abernethy v. Society of Church of Puritans
New York Court of Common Pleas
' This was an action brought to restrain the defendant from selling the plaintiff’s pew in its church edifice, pursuant to a notice received by him that the same would be sold or forfeited for non-payment of taxes thereon.
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' This was an action brought to restrain the defendant from selling the plaintiff’s pew in its church edifice, pursuant to a notice received by him that the same would be sold or forfeited for non-payment of taxes thereon. The plaintiff held the pew under a deed from the corporation upon condition that he should “ pay the annual sum of ten per cent, on the original appraisement of said pew, and whatever else shall be further assessed thereon, and if he should neglect to pay, and by such neglect cause an arrearage of one year, the same should be demanded by the treasurer for the time being;…
1Opinion of the Court
By the Court.
Daly, F. J.
The Society had voted the sum of $7,000 in the year 1860, to defray its annual expenses, and the sum of $6,000, for that purpose, in 1861, which was to be raised by an assessment upon the pew owners, at the original valuation of their pews. The original valuation of all the pews in the church, was $79,550, and that of the plaintiff’s pew was $800. An assessment of ten per cent, upon this valuation would have sufficed to raise either of the sums voted in the year 1860 or 1861, provided the assessments upon all the pews were duly paid. It may be, however, that, to…
2Cases cited10 opinions
- Jerome v. RossNew York Court of Chancery · 1823
- Belknap v. . SealeyNew York Court of Appeals · 1856
- Livingston v. TompkinsNew York Court of Chancery · 1820
- Gelston v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1816
- Henry v. Bank of SalinaNew York Court of Appeals · 1847
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3Cited by3 opinions
- Erwin v. HurdNew York Supreme Court · 1883
- Witthaus v. St. Thomas' ChurchAppellate Division of the Supreme Court of the State of New York · 1914
- Coppers' CaseNew York Supreme Court · 1879