Legal Opinion

Kniskern v. Lutheran Churches of St. John's & St. Peter's

New York Court of Chancery

Decided July 17, 1844PublishedCited by 1 opinion

The bill in this cause was filed on the 23d day of March, 1839, by Philip Kniskem and Daniel Angle, two members of the Lutheran Church and Congregation, or Society of New Rhine-beck, in the town of Sharon, Schoharie County, known by the corporate name of “ The Ministers and Trustees of the Lutheran Church in Rhinebeck,” commonly called St- Peter’s, or New Rhinebeck Church; and Marcus Brown, one of the trustees, and David Sommer, a member of the Lutheran Church or Society at…

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The bill in this cause was filed on the 23d day of March, 1839, by Philip Kniskem and Daniel Angle, two members of the Lutheran Church and Congregation, or Society of New Rhine-beck, in the town of Sharon, Schoharie County, known by the corporate name of “ The Ministers and Trustees of the Lutheran Church in Rhinebeck,” commonly called St- Peter’s, or New Rhinebeck Church; and Marcus Brown, one of the trustees, and David Sommer, a member of the Lutheran Church or Society at Durlach, in Sharon, known by the corporate name of “The Evangelical Lutheran Congregation of St. John’s Church at…

1Opinion of the Court

The Assistant Vice-Chancellor.

Before entering upon the points of difference between the parties in this unhappy controversy, I will state briefly the history of the churches in question, and advert to the principles on which courts of equity exercise their jurisdiction in such cases.

First. These churches, together with that in Cobleskill, were in existence as one church as early as the year 1787, and were probably organized many years before. They doubtless had their origin in the emigration, in the early part of the eighteenth century, from the Palatinate in Germany. Dr. Schmucker, in his…

2Cases cited3 opinions

  1. Baker v. FalesMassachusetts Supreme Judicial Court · 1820
  2. Gable v. MillerNew York Court of Chancery · 1844
  3. Field v. FieldNew York Supreme Court · 1832

3Cited by1 opinion

  1. Baker v. DuckerCalifornia Supreme Court · 1889

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