Church of Redemption v. Rector, Churchwardens & Vestrymen of Grace Church
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendant. (Reported below, 6 Hun, 166.) This action was brought to determine the rights of the respective parties to certain real estate in the city of Hew York, used for church purposes, and to certain personal property consisting of carpets, 'an organ and other furniture in use in the church building.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendant. (Reported below, 6 Hun, 166.) This action was brought to determine the rights of the respective parties to certain real estate in the city of Hew York, used for church purposes, and to certain personal property consisting of carpets, 'an organ and other furniture in use in the church building. During the pendency of the action the building and personal property were destroyed by fire; defendant collecting the insurance, plaintifE, by supplementary…
1Opinion of the CourtFolger, J.
The first point made by the appellant is, that the statute of 1850 is not applicable to this case; (Laws of 1850, chap. 122, pp., 195,196, § 2.) That is an act which enlarges the powers of a religious corporation. In strictness of terms it is confined in its effect to religious societies incorporated under the act of 1813 (R. L. chap. 60, April 5, 1813), or by special charter. By it such religious society may purchase and hold grounds in the municipality of its existence, and may erect thereon associate meeting-houses, churches or convenient chapels. It may so do, only, when it shall deem it…
2Cases cited1 opinion
- Foote v. . BryantNew York Court of Appeals · 1872
3Cited by10 opinions
- Rich v. TiffanyAppellate Division of the Supreme Court of the State of New York · 1896
- Mansfield v. NeffUtah Supreme Court · 1913
- Westminster Presbyterian Church of West Twenty-Third Street v. Trustees of PresbyteryAppellate Division of the Supreme Court of the State of New York · 1911
- Compton v. MooreCourt of Appeals of Kentucky · 1913
- Moskowitz v. HornbergerAppellate Terms of the Supreme Court of New York · 1897
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