Rector of St. Stephen's Protestant Episcopal Church v. Rector of the Church of the Transfiguration
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 25, 1910, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. .The nature of the action and the facts, so far as material, are stated in the opinion. The restrictive covenant cannot be said to be unenforceable.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 25, 1910, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. .The nature of the action and the facts, so far as material, are stated in the opinion. The restrictive covenant cannot be said to be unenforceable. (Anthony v. Harrison, 14 Hun, 198; 74 N. Y. 618; Justice v. Lang, 42 N. Y. 493; Madan v. Sherard, 73 N. Y. 329; Schoonmaker v. Hoyt, 148 N. Y. 425; Ebaugh v. German Reformed Church, 3 E. D. Smith, 60; M. A. B. Church…
1Opinion of the CourtHaight, J.
This action was brought to cancel and remove a cloud upon the title to the plaintiff’s premises, in the nature of a restrictive covenant, or for a reformation of the deed conveying the premises and the satisfaction of a mortgage thereon.
The trial court found against the plaintiff, in so far as it demanded a satisfaction of the mortgage, and inasmuch as that branch of the case is not brought up for review it requires no further attention.
It appears from the findings of the trial court that the plaintiff and defendant were' religious corporations of the same denomination and communion, located…
2Cases cited5 opinions
- Sharon v. TuckerSupreme Court of the United States · 1892
- Hamilton v. CummingsNew York Court of Chancery · 1815
- Washburn v. . BurnhamNew York Court of Appeals · 1875
- Seneca Nation of Indians v. . ApplebyNew York Court of Appeals · 1909
- Brown v. . DohertyNew York Court of Appeals · 1906
3Cited by17 opinions
- Satterwhite v. . GallagherSupreme Court of North Carolina · 1917
- Trustees of Calvary Presbyterian Church v. PutnamNew York Court of Appeals · 1928
- Chicago Auditorium Ass'n v. WillingCourt of Appeals for the Seventh Circuit · 1927
- Chicago Auditorium Ass'n v. CramerDistrict Court, N.D. Illinois · 1925
- De Kalb Holding Co. v. Madison Theatre Co.Appellate Division of the Supreme Court of the State of New York · 1914
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