New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-11-03


absolutely owing and payable BY he Ihurch to scns0n a
Gie. individually and ,h., s- Ishi q .s,Sn va. in thea
"1hurch Of the uptown party OF said Church"
BY the agreement Of the lh Jlnuary itS. between s
lies representing Of aid
Church Of the uptown party Of said Church oth- ..cond part
the par the Of SO expenses Of sid
uptown Board said paymH; to ~ mad. said Hsnon" ~
distinct and separate re~d
for IN. Information of the dn,o~h Board ssid up
IN then bsnd. and which Ia. cone to their hand since
sson and go Of al .um paid By then for property or On ae
and separate article Of sAd asTeeisu; it wa agreed that me
party o. the eeord Pr should tr1n. and deliver to to- party
othe h,t part I'll the property goods ehair' and res. estate
wbic they have sny tine acquired BY Of their
said church and while acting protesting to se'
BY recl contained in aid agreement appear that dispute
hs existed the r Methodist krisoopa Chgrch
New York which had been productive Of serious
and protc,ed litigation and that suEs were h@u pc
parties OF BY persons claiming 70 represent sd Pariy. ana
suits and difficulties and pat hn.i end to the controversy
Now wheth.r th- $50 payable ~ ts ssIe.inent ~ re
-ed Dy Benson and Giles 20 the plsniG ws
sb-outey and payable by the Church the time o. ns
assignment to the plaintiff, depends upon the contraction
h Counsel the Chur,h contend. agreement to
pay the and the agreement to render the secoul and 70
transfer and deliver the property are dependent upon eseh one
and that The 1870 not payable, .nd no scloa eo1 o
and delivered and the account rendered 49,, ..
think the proof. by the referee show that the properly
uas transrreo and delivered by and Ge or ;ae
party Substantially IN pursuance OF the agreement po
plaintiffs appears tnst
las been rendered and upon ihe poin
and Giles or the uptown party hAd ever oHeiea 70 i
am Of the opinion however the 70 pay the
render the account independent and not de-
peid.u. the upon the other am inclined TO think ao
ss sss 1as to aha the & III 's sns
men the 4soo be paid for the expenses OF the up
board for the property or the delivery OF the proper
ty O the account or the rendering the account and IN. &C
be rendered for the information Of the downtown
board" ard the a. SO.
think the 80 payable absolutely forthwith, or q,
least demsnd and transfer and delivery OF the
property or an ousr to DO 90 "ss necrs.sf! or,ot
nigh, make the demand that the proof establish iHs we
property transferred and delivered IN pursuance oi the
The $3.50 them owing aud payable ,b.9laeiy :. The
tie claim to the plaintiff Benson ard Gr' .,
party OF which benson and Gillie- were two
hink benson and Gies the legal and holders
Of the claim and had right, individually to assign to the
lie agreement Of the lsth Of January be tered
uttered into between the church scorporliion AMI tem
diyiusy IDr church represented by h-epius
President of trustees, and Barton Wooi Of
the Trustees. and VINO had been appointed COMMITTEE gr hs
purpos. resolution OF the Board Of Trustees, entered into
Tie asr,snen .. ne el.5sn 0I the IT. az t
uptown party the Board Of Trustee. Of the gPte"n party
IT, down town party to be The church corporso repre-
the church corporation Both Of the anssn'tc divisions
exclusion Of the othr follow. that statement Of the
preventative character or capacity IN which oen.on and nr.
yss of . second pa and not a. they ra-d
of the uptown party Of the Board Of Trustee.
the uptown party VINO not being incorporated a. party OF
Trustees OF pay, capable OF neither
suin being sued nor contracting.
Inc c. t. a E., payable to b nsoa and Giies
and as,ignaDi, not ouly IN eguI'y, ont IN las.
The only remaining question l. 'oud the plaintiffs purchase
this claim and tai. assignment OF It
They incorporated under me GENERAL act oi 1hr
ration companies by they allowed 10
invest bond the opinion that, under
the circumstance OF the case painf having absolute
assignment the whole mortgage that the purchase OF the
be Investment on bond and
mortgage bought claim and TOOK the assignment
suppo.nr payment OF secured by t mortgage
Oh. gfgTgu L.
which the mortgage assigned mink their payment Of the
claim aud Ges and taking assignment OF H. ought
10 be advance made the church
security mortgage 1t il the plaintiff could not
the church debtor by simply paying the debt to Benson
without the edee Of the church
but The pantin bought the claim and assignment Of IT,
AID the made the church the debtor Of the plaintiff
conclusion IT, that the report of the referee must he CON
hrned
reserved until the entry a. the order
T. H. Fsnch.r for plaintiff T.. u Cutler defendants.