Reformed Protestant Dutch Church v. Brown
New York Supreme Court
APPEAL by the defendant, from a judgment entered upon the report of a referee. The action was brought against the defendant as executrix of David Brown, deceased, to recover $500 upon a subscription by the testator for the erection of the church edifice of the plaintiffs; also $100 subscribed by him towards the salary of the minister.
Read the full summary
APPEAL by the defendant, from a judgment entered upon the report of a referee. The action was brought against the defendant as executrix of David Brown, deceased, to recover $500 upon a subscription by the testator for the erection of the church edifice of the plaintiffs; also $100 subscribed by him towards the salary of the minister. The referee, by his report, found the following facts: That the plaintiffs are a religious society duly organized and incorporated, according to the laws of this state, as “ The Reformed Protestant Dutch Church of Westfield, Staten Island." That David Brown was,…
1Opinion of the Court
By the Court, Pratt, J.
In this case it does not appear that any promise was made by the defendant’s testator to pay his subscription, after the plaintiffs were actually and legally incorporated. But it does appear that after the society had made a preliminary organization, and after the articles of association had been executed, the testator frequently told those in charge of the erection of the church edifice to go on and finish it and he would pay his subscription. This was clearly a sufficient waiver of the conditions in the original subscription. And the fact that the society, on the…
2Cases cited2 opinions
- Trustees of Farmington Academy v. AllenMassachusetts Supreme Judicial Court · 1817
- Hamilton & Deansville Plank Road Co. v. RiceNew York Supreme Court · 1849
3Cited by4 opinions
- Lathrop v. KnappWisconsin Supreme Court · 1870
- Olson v. HarveySupreme Court of Colorado · 1920
- Buffalo & Jamestown Railroad v. ClarkNew York Supreme Court · 1880
- Kelly v. RubleOregon Supreme Court · 1883