The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-13
CITY CauAT.
Trouble Over the Sale Of Il Cbureh--ActiOn
to kecaver Back Part of the Purchase
Money.

Trouble Over the Sale Of Cburch--Action
to kecaver Back Part Of the Purchase
Money.
Before Judge Nelson.
The Congregation Beth El01trn Us. TIE Central
|. Presbyterian Church-The plaintiffs, on the Och Of
February, 1870 made a>wrltten agreement with the
trustees Of the Central Presbyterian church. by
which they agreed TO purchase their old building
ca Schermerhorn street, near Nevns, Brooklyn. for
the sum OF S55,000 and paid the sum OF $4,000 in
cash to bind the barg ain, the decd and possession
OF the premises TO he delivered on the 5th OF july
1870, at winch time the balance OF tile purchase
money was to he laid and title passed. On July s
the parties met to deliver Tie deed and property but
The plaintiffs were not prepared to pay the money,
ana by consent OF The parties the mater Was post
poned ul6uly IL ut which time the title deeds were
rendered TO plaintiffs aud they were unable 10 pay
the purchase money.
THIS aclion is brought by plaintiffs to recover back
from defendants the $4,000 pad 1t the time or sgn
laws OF this STATE relating " religious corporations,
defendants had no power 10 make the sale in cues
ton, because no order mad been made by the SUI
preme Court authorizing Tie sale Ut the time the
contract was made. They also claim tnat there were
defects IN the title when were not done away with
on the day the deed was 10 be delivered.
Tne de. endans proved that the contract OF sale
was made by authority the BOARD OF trustees ana
the congregation OF the church; that the I'D day
o. June, 1870, the same was approved by che SUI
prene Court aud the usual order made authorizing
their Complying win the conditions OF sale. Ihe
Defendants claim that they duly rendered tue diced
10 pIaintlS, ana ask that the Court compel PLAIN
ts 10 take the title anu pay the balance VI the pur
chase money.
The counsel Will argue the case to-day.
Charge Of False Representation.
Before Judge Thompson and Jury.
Ihltp Shas}tr rs. W,U,dDl Spitzer and DIrid
LtchenStdd. The plaintiff alleges that on the 18Th
day OF January, 1870 the defendants procured OF
him tnrce notes FOR the aggregate amount OF
$4,000 under false representations as to their own
solyency and as to their ability TO discount the
notes the defendants, az alleged. sold the notes
and retained the proceeds, and on the 18th OF
March. 1879. before the notes matured, filed
petition IN bankruptcy, and the plaintiff
claimed That the obtaining OF the notes,
their sale and the subsequent bankruptcy
were all fraudulent the defendants were arrested
last year ana held to bail. The case came on for
trial on Tuesday last IN the City Court before Judge
Thompson, and was only concluded yesterday.
Considerable testimony was put In by the plaintiff
TO sustain the allegations OF the complaints; the de-
PENDANTS denied The fraud and called several wit
nesses TO repeI the plaintiffs theory Of tue ransac-
ton.
The case was submitted to the Jury at eleven
O'Clock yesterday, and about an hour afterwards
they brought In verdict Tor g. lS6 66 In favor OF
the plaintin. For plaintiff, Henry Wehlc aud Louis
u. Rowan; Tor defendants Samuel Hirsch.