Rector, Churchwardens & Vestrymen of St. Stephen's Protestant Episcopal Church v. Rector, Churchwardens & Vestrymen of Church of Transfiguration
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The' Rector, etc., of St. Stephen’s Protestant Episcopal Church of the City of Hew York, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 16th day of June, 1908, upon the decision of the court, rendered after a trial at the Hew York Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Scott, J.:
Plaintiff appeals from a judgment at Special Term in favor of defendant. Plaintiff and defendant are both religious corporations, and both belong to the same religious denomination. The controversy is marked with considerable acrimony, and arises upon a somewhat unusual state of facts. Prior to the year 1897 the Church- of the Transfiguration, defendant herein, whose main church- edifice was and is in Twenty-ninth street in the city of New York, also owned a plot of land about 100 feet square in West Sixty-ninth street on the rear portion of which stood a small chapel maintained by…
2Cases cited5 opinions
- Hamilton v. CummingsNew York Court of Chancery · 1815
- Gibert v. . PetelerNew York Court of Appeals · 1868
- Equitable Life Assurance Society v. BrennanNew York Court of Appeals · 1896
- McHenry v. . HazardNew York Court of Appeals · 1871
- Field v. HolbrookThe Superior Court of New York City · 1857
3Cited by7 opinions
- City of Little Rock v. JoynerSupreme Court of Arkansas · 1947
- Insurance of Pennsylvania v. Park & Pollard Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Board of Education v. BrophyNew Jersey Court of Chancery · 1919
- Trinity Cathedral in the Diocese of N.J. v. Etz.New Jersey Court of Chancery · 1945
- Vansant v. RoseAppellate Court of Illinois · 1912
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