In re St. Ann's Church
New York Supreme Court
Application by St. Ann’s Church, in Brooklyn, for leave to mortgage certain real estate. The application was made upon petition of a committee of the vestry of the church, the rector of the church, and the clerk of the vestry, signing the same, setting forth,— “That St. Ann’s Church is regularly incorporated, owns in fee simple the real estate sought to be mortgaged, and that the money to be obtained is to be used in erecting buildings upon said real estate.”
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Application by St. Ann’s Church, in Brooklyn, for leave to mortgage certain real estate. The application was made upon petition of a committee of the vestry of the church, the rector of the church, and the clerk of the vestry, signing the same, setting forth,— “That St. Ann’s Church is regularly incorporated, owns in fee simple the real estate sought to be mortgaged, and that the money to be obtained is to be used in erecting buildings upon said real estate.” Annexed to the petition was a copy of the resolution of the vestry, setting forth the facts, which showed that the meeting was legally…
1Opinion of the CourtEmott, J.
The papers upon which this application is made are exceedingly brief. They do not disclose in what particular manner the interests of the church will be promoted, by borrowing the money for which these mortgages are to be given, except that it is to be used in erecting buildings upon certain real estate of the society. What these buildings are to be, or how their erection is to benefit the church, is not stated. The application is opposed by counsel representing a person who proposes to advance or lend the money on these securities. His opposition does not, however, turn upon any question or…
2Cases cited1 opinion
- Wyatt v. BensonNew York Supreme Court · 1857
3Cited by2 opinions
- Metropolitan Elevated Railway Co. v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1884
- Madison Avenue Baptist Church v. Baptist ChurchThe Superior Court of New York City · 1866