Elder v. Rouse
New York Supreme Court
Demurrer to declaration. On the 2d November, 1830, the defendant executed an instrument under seal, whereby, after reciting that he was indebted to the plaintiff in the sum of $100, he alleges that for securing the payment of that debt, with the interest thereof, he sells, transfers and assigns to the plaintiff all his right, title and interest of and in the unsold pews in the Presbyterian meeting-house in Cortland village, subject to the liens of the society thereon, by…
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Demurrer to declaration. On the 2d November, 1830, the defendant executed an instrument under seal, whereby, after reciting that he was indebted to the plaintiff in the sum of $100, he alleges that for securing the payment of that debt, with the interest thereof, he sells, transfers and assigns to the plaintiff all his right, title and interest of and in the unsold pews in the Presbyterian meeting-house in Cortland village, subject to the liens of the society thereon, by virtue of the contract made with him, under which the house was built. Then follows a proviso, that if he shall pay the $…
1Opinion of the Court
By the Court,
Nelson, J.
It is not material in this case to decide whether the interest of a pew-holder, in a house of public worship, is real or personal estate under the act incorporating religious societies in this state, 2 R. S. 292,2 Black. Com. 428, Toller’s Ex’rs. 200, 1 Bac. Abr. 601, 5 Cowen, 496, 3 Paige, 302, 1 Pick. 104, 3 id. 346, 9 Johns. R. 147, as we are satisfied upon an examination of the instrument, that there is upon its face, what may be deemed an express covenant by the defendant to pay the debt within the statute, 1 R. S. 738, § 139; It is apparent also, it was not the…
2Cases cited2 opinions
- Elder of First Baptist Church in Hartford v. WitherellNew York Court of Chancery · 1831
- Kimball & Kiniston v. HuntingtonNew York Supreme Court · 1833
3Cited by24 opinions
- Russell v. SouthardSupreme Court of the United States · 1851
- General Investment Co. v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Sonoma Valley Bank v. HillCalifornia Supreme Court · 1881
- Culver v. . SissonNew York Court of Appeals · 1850
- De Cordova v. . BarnumNew York Court of Appeals · 1892
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