The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-23
Squabbies in the Church OF the Purita ans.
THE RIGHTS OF TRUSTEES AND PEW OwNKRs-A
x SEQUEL TO POLITICAL PREACHING.

Squabbies in the Church OF the Puritans
TIE RIGHTS or TRUSTEES AND PEW owNKRs-A
SEQUEL TO POLITICAL PREACHING.
COMMON PLEAs-PARr l. rr
Before Judge Cardozo, without jury.
Two important suits brought up In the Court Of
Common Pleas yesterday, before Judge Cardozo by
pew against the society Of the Church of the
Purans In one Mr.. Charles Abernethy was the plain
ti and in the other Mr. Seth b. Hunt The principle
involved in both is the samenameIy, the right of the
church corporation 10 sell the interest Of members in
pews for the alleged nonpayment of taxes To explain
suit, therefore, involves the explanation Of both
In the case Of Mr.. Hunt it appears In hb complaint
that he has been the Of pew No o. in the Church
Of the Purans since the 1885, by virtue Of
deed duly execod TO him by parties lawfully entitled
50 70 do On the soh OF October 1882 he received the
"You are hereby notified that pew No s5, IN tho
Church OF the Purians, formerly owned by you, and
forfeited BY the non payment s Of aKss thereon win DO
Trustees Kenyon Cox Presidents Edwin Ferris, secrs-
The plaintiff ayers that he owes no taxes Whatever in
his capacity as pew owner, and that no demand for
that 1852 the officers and trustees Of the church passed
resolution by which IL was agreed In substance that
Ths ,rusaes would undertake to rent occupy
ard o. the pews relieving the In such from all
liability opay taxes during the period OF their cccupa
ton nsuch manner For the last two years the palnf
did not occupy his pew, according TO his complaint and
left at the disposal OF the church society accord.
with the resolution or the trustees me rates OF
assessment by the laws Of the society 10 be based
on the original apprsSement which was nearly $50 900,
and the money for the support Of the society Is 70 be
annually not TO exceed 81 000 about ten Ter cent Of
the original appraised value The plaintiff sets up that
he has been assessed at the Of neen per cent con
rar 70 the laws Of the society," wherefore the assessment
was Illegal
The cause OF Mesrs Huni and Abcrnethy leaving the
church Is not stated IN the complaint hut their counsel
informed our reporter that was in consequence OF the
excitement which was oocssloned few years ago on
account Of the political preaching and harangues OF The
pastor II will he remembered that large part Of the
congregation quilted the church al the period for
the same cause. r-.
The Importance OF tho suits Is enhanced by the rsct
that The ground which the church IL erected Is leased
when the cburh edinoc Is 70 be snId. and with Of
oostse the interest Of the pew owners II they have
forfeited their ownership by the alleged nonpay ment Of
taxes, Their right 10 ptoportlonste share Of the pro-
The answer of the defendants consists OF svcrment
that IN the deed under which the plaintiff claims II IL
for the support Of the church society shall be
paid by the pew owner and In case OF sresrage for
one and refusal 10 pay up demand by the
s r sr.s sna 81 o a. roe
10 the owner in arrears; further that the With.
drwal OF the from the church tho pew shall he
offered 10 the standing COMMITTEES Of The irns-
and, In sase OF their refusal 10 so accept,
the owuer may sell II himself under tho same conditions
as he tool The del endants claim that Mr. Hunt failed
TO Follow these povslone and that he has therefore lost
his Vi yhis under the deed
The plantn appeared by NJ Phelps and the defend.
Mr. Phelps demanded ,hs The church society should
bo restrained from performing ACT In dcrogaton OF
the rights of bis client, and csed witnesses 70 establish
his casc.
Judse cardozo took he papers stating That lac would
carefully examine Tho case. and Give his decision In due
tine.