St. Paul's Church v. Ford
New York Supreme Court
ACTION to recover against the defendants, jointly, $55, as pew rent on an assessment upon pew No. 18 in the plaintiffs’ church, valued on making the assessment at $275. The action was tried before Allen, J. and a jury, at the Onondaga circuit, in June 1860. On the trial the plaintiff gave evidence of its incorporation, and proved a lease of pew No. 18 to the defendants, dated June 7th, 1852, in consideration of $100 and subject to an annual assessment of not exceeding twelve…
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ACTION to recover against the defendants, jointly, $55, as pew rent on an assessment upon pew No. 18 in the plaintiffs’ church, valued on making the assessment at $275. The action was tried before Allen, J. and a jury, at the Onondaga circuit, in June 1860. On the trial the plaintiff gave evidence of its incorporation, and proved a lease of pew No. 18 to the defendants, dated June 7th, 1852, in consideration of $100 and subject to an annual assessment of not exceeding twelve per cent upon the amount of such considation, for the current expenses of the parish, which assessment the defendants…
1Opinion of the Court
By the Court, Allen, J.
The action is brought upon the instrument or agreement of November, 1856, and not upon the original lease and the covenant contained in it. No assessment or tax has been made upon the pew at the valuation in the lease, but all the proceedings for the assessment, as well as for its collection, have been under the supplemental agreement. A very serious question arises whether the de*18fendants are either severally or jointly liable personally for any assessment upon the reappraisal of the pew under the agreement of 1856. In the assessment provided for by the lease they were…
2Cases cited3 opinions
- In re Trustees of the First Baptist Church v. BigelowNew York Supreme Court · 1836
- Vielie v. OsgoodNew York Supreme Court · 1849
- Trustees of the first Presbyterian Congregation in Hebron v. QuackenbushNew York Supreme Court · 1813
3Cited by2 opinions
- Barson v. . MulliganNew York Court of Appeals · 1908
- In re Congregation Ahavas AchemNew York Supreme Court · 1951