Legal Opinion

First Presbyterian Church v. Kennedy

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 9 opinions

Appeal by the plaintiff, the First Presbyterian Church in New York City, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of March, 1902, requiring that the complaint be made more definite and certain and striking out matter as irrelevant and redundant, except that part of said order directing that a certain clause contained in the 5th paragraph of the complaint be stricken…

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Appeal by the plaintiff, the First Presbyterian Church in New York City, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of March, 1902, requiring that the complaint be made more definite and certain and striking out matter as irrelevant and redundant, except that part of said order directing that a certain clause contained in the 5th paragraph of the complaint be stricken out.

1Opinion of the Court

Laughlin, J.:

This action is brought to enforce the specific performance of a contract made in 1894 by Rachel Lenox Kennedy, deceased, with the plaintiff by which, as an inducement to prevent the consolidation of the plaintiff with another church organization and the abandonment and sale of its church property on the westerly side of Fifth avenue, between Eleventh and Twelfth streets, contemplated owing to the loss of revenue incident to the removal to other parts of the city of many members of the congregation, she agreed that, if the plaintiff would not remove or consolidate, but would…

2Cases cited2 opinions

  1. Bogardus v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
  2. Tradesmen's National Bank v. United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1900

3Cited by9 opinions

  1. Merrick v. New York Subways Advertising Co.New York Supreme Court · 1958
  2. Rockwell v. DayAppellate Division of the Supreme Court of the State of New York · 1903
  3. Hanson v. HansonNew York Supreme Court · 1953
  4. Citizens' Central National Bank v. MunnNew York Supreme Court · 1906
  5. Dumar v. Witherbee, Sherman & Co.Appellate Division of the Supreme Court of the State of New York · 1903

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