The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-07-11
The Vestry or 81. Peters Church, Brook
Iyn. and their Ex-Treasurer.
stPREME (OtET-sfLCIAL TbRM-BkOOkLfN.

Before Hon. Judge Lott.
JrtYa-Tn ne matter Of ne application Of De Rector,
d. Of s. PEERS church, Brooklyn, Linddy Murray,
for ndndamps u. T. Walden, counsel for the sp
plcants Ia making this motion, stated that they arc
religion corporatou that the defendant, their rca
surcr anSas such kept the accounts OF the church in
cash book and ledger and tina, he also had receipt book
which contains receipts for moneys paid out by him for
the church. that DEFENDANTS term Of Office expired in
April last, he has been applied to for the books and
requested 10 deliver them up and that he has refused
do So The applicants for the purpose Of obtaining pos
session Of the books. commenced aeton in of the
Dsric, Courts Of New York, claiming the delivery OF tho
property and obtained order for their delivery but
the officer unable u obtain them under that order
that Issue TO the property wa tried and determined
in favor Of the APPLICANT that defendant refused 10
give the bouk up alleging that he had removed them 10
Kings county. Tie Applicant therefore, submit that
mandamus should be granted.
Mr. seymour for the defence said that he proposed 20
raise n preliminary objection TO the complaint appears
thai the complaint y bchsb &C the rector, &c, OF 81
rctcr's Church whereas should be IA the name the
treasurer.
Judee lot, ssid he would not entertain the objection
now il should have been made Monday wheu coun-
sci for the defendant ascd Tor and obtained postpone
ment. deception taken
Mr. Walden then read Tie complaint.
Mr. seymour read hs and other aihdavits That oe
Mr. lepTc, chairman o the finance committee Of the
church stated that Mr.. Murray accounts had been audit
duo him Murray aud that lie did not receive any
books ton his predecessor that he knew Mr. Murray 70
the books his posscsiCn and that Mr. Murray had de-
livcrcd tho rev book o. Tho present treasurer.
The snasvt % Mr.. Murray, the defendant sets forth
that De- rendered rcguery hs accounts required by
the bylaws. which wcrc approved and audited
rrd TIA, the church indebted to aim toe
sum g; soS Il that on further examination
Of those books he tnds that the church owes him t6i7 IL
that there yalre n the bocss, hatshc church has
coutrusd g. cordcj H. Affairs without the booss, aud
that be has appealed nom the decision &C the District
Court II New YORK That be brought these books to his
rcs.lcpcc Broosyn o. examine them and that he bad
since broggh, them bsck 70 New York thu, he dd not
then for the Iufrsc Vi avoiding any process that
h books sfc hs own rfoTriy aud not the property q
iho church
Mr. Walden ccutcndcl that thcsc books were the rrc
pcry q the church ~ Mr. Murray their treasurer had
morey belonging 20 hs corporation at the time h. yr
chasvd thcm AZ 4 Why these books should ~ ta
kcr from Mr. Murray he Nr Walden would state that
when Mr. rendered his account, on leaving the Office Of
treasurer lie showed that the church indebted tOhi
n the Of SOS II srd be says that further
sea- Il Counsel submitted that II was impossible that
sworc they worth VI 600 TO the church and another
that they worth nothing n these books were 10
Mostly kept be could not Why Mr. Murray should
fuse u give them W.
Mr. Seymour in reply aid that the issuing Of msnte
in this would be manifest nius,icc 50 his Cit
cnt dcprving him u his rights 80 appeal from the
Justices Court rcndinF He sabnlttcd that the dc
fcndant entitled 60 The possession Of the books, az
they necessary tor the suit Mr.. Murray has
ncnccd against The ohor,h lie thea referred TO the cl