Heeney v. Trustees of St. Peter's Church
New York Court of Chancery
Bill for an injunction to restrain the trustees of St. Peter’s Church in the city of New York and others “ from pulling down or prostrating the building called St. Peter’s Church in Barclay Street in the city of New York or any part thereof; and from committing any further waste or destruction of the same and to desist and refrain from all proceedings to build a new church on the said premises.”
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Bill for an injunction to restrain the trustees of St. Peter’s Church in the city of New York and others “ from pulling down or prostrating the building called St. Peter’s Church in Barclay Street in the city of New York or any part thereof; and from committing any further waste or destruction of the same and to desist and refrain from all proceedings to build a new church on the said premises.” The main part of the church was erected between the years one thousand seven hundred and eighty and one thousand seven hundred and eighty-nine and the sacristy or vestry and the portico in front, with…
1Opinion of the Court
The Vice-Chancellor:
We have here a motion to dissolve an injunction granted to a pew-holder against the trustees of St. Peter’s Church, restraining them from pulling down and prostrating the present edifice.
It appears that on a sale of pews in the jrear one thousand seven hundred and ninety-four, the complainant became the purchaser of one: under certain written rules. He had gone on occupying and paying rent for it until two or three years ago, when he removed to Brooklyn and where he now goes to church. The trustees have resolved" to pull down the present structure and erect a church of…
2Cited by5 opinions
- Voorhees v. Presbyterian Church of AmsterdamNew York Supreme Court · 1849
- Erwin v. HurdNew York Supreme Court · 1883
- Abernethy v. Society of Church of PuritansNew York Court of Common Pleas · 1869
- Mayer v. Temple Beth ElNew York Court of Common Pleas · 1893
- Shaw v. BeveridgeNew York Supreme Court · 1842