McGuire v. Trustees of St. Patrick's Cathedral
New York Supreme Court
Appeal from special term, New York county. Action by Philip McGuire, administrator of John McGuire, for an injunction against the trustees of St. Patrick’s Cathedral.
1Opinion of the CourtBarrett, J.
I am unable to concur in the conclusion arrived at by Mr.
Justice Daniels in this case. The learned judge ignores the views which were expressed by this court in People v. Trustees, (Coppers Case,) 21 Hun, 184. In that case, a receipt similar to the present, but more favorable to the holder’s contention, was fully considered, and its inadequacy to confer a legal and enforceable right pointed out. The question there was whether a mandamus would lie. Incidentally, we held that it was “even doubtful whether equity would decree a specific performance. ” Upon that question a definite opinion was…
2Cases cited13 opinions
- Mumford v. WhitneyNew York Supreme Court · 1836
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Duryee v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
- Robertson v. . BullionsNew York Court of Appeals · 1854
- Cronkhite v. . CronkhiteNew York Court of Appeals · 1884
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3Cited by5 opinions
- Rector of St. James' Church v. HuntingtonNew York Supreme Court · 1894
- Bockel v. Fidelity Development Co.Court of Appeals of Texas · 1937
- Green v. DanahyMassachusetts Supreme Judicial Court · 1916
- Waller v. HowellNew York Supreme Court · 1897
- Conger v. TreadwayNew York Supreme Court · 1889