Legal Opinion

Witthaus v. St. Thomas' Church

Appellate Division of the Supreme Court of the State of New York

Decided March 6, 1914PublishedCited by 1 opinion

Appeal by the plaintiff, Rudolph A. Witthaus, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 6th day of August, 1913, upon the decision of the court dismissing the complaint upon the merits after a trial at the New York Special Term.

1Opinion of the Court

Scott, J.:

Plaintiff, as successor in title to his mother, became the holder of two pews in St. Thomas’ Protestant Episcopal Church in the city of New York, one of which she had acquired in 1874 and the other in 1885. Plaintiff did not use them personally, but rented one for $374 per annum and the other for $302.50 per annum. One pew was subject to the payment of an annual tax of $99; the other was free of tax. The pews seem to have been valued on the books of the church at $1,375 and $1,000, respectively. On August 8, 1905, the church edifice was completely destroyed by fire. The church…

2Cases cited4 opinions

  1. Went v. Methodist Protestant ChurchNew York Supreme Court · 1894
  2. Wheaton v. . GatesNew York Court of Appeals · 1858
  3. Voorhees v. Presbyterian Church of AmsterdamNew York Supreme Court · 1849
  4. Abernethy v. Society of Church of PuritansNew York Court of Common Pleas · 1869

3Cited by1 opinion

  1. Hren LicenseDauphin County Court of Quarter Sessions · 1948

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