Wyatt v. Benson
New York Supreme Court
Application for an injunction. This was an action for an injunction brought by David Wyatt and twenty-six other persons, members of the congregation and society of the First Methodist Episcopal Church in the city of New-York, on behalf of themselves and other members of said congregation, against Benjamin W. Benson, and eight other defendants, claiming to be the trustees of the said church.
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Application for an injunction. This was an action for an injunction brought by David Wyatt and twenty-six other persons, members of the congregation and society of the First Methodist Episcopal Church in the city of New-York, on behalf of themselves and other members of said congregation, against Benjamin W. Benson, and eight other defendants, claiming to be the trustees of the said church. The object of the action was to restrain the trustees from taking any further proceedings for a sale of the church in John-street, in the city of New-York, belonging to said society. The complaint set…
1Opinion of the CourtDavies, J.
—The First Methodist Episcopal Church of the city of New-York is a religious corporation, incorporated under the general act of the Legislature of this State providing for the incorporation of religious societies. It would appear from section 12 of the act of March 27, 1801, that it had been incorporated previous to that date, as that section authorizes the said corporation to continue to elect nine trustees of the corporation, in the same manner as if that number of trustees had been originally named in the certificate of incorporation (1 Kent & R. Laws, 343). Section 3 of the act…
2Cases cited4 opinions
- Bogardus v. Trinity ChurchNew York Court of Chancery · 1833
- In re the Minister, Elders & Deacons of the Reformed Dutch ChurchNew York Supreme Court · 1853
- Green v. BrownNew York Supreme Court · 1848
- Delafield v. ColdenNew York Court of Chancery · 1828
3Cited by7 opinions
- Benton & Brother v. SingletonSupreme Court of Georgia · 1902
- Sun-Ray Cloak Co. v. Unity Cloak Co.Appellate Division of the Supreme Court of the State of New York · 1939
- In re St. Ann's ChurchNew York Supreme Court · 1862
- Smith v. BowersAppellate Division of the Supreme Court of the State of New York · 1901
- Madison Avenue Baptist Church v. Baptist ChurchThe Superior Court of New York City · 1869
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