First Congregational Church of Schenectady v. Faust

Headnote

First Congregational Church of Schenectady v. Faust, 171 App. Div. 961 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 22, 1915, affirming a judgment. in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The action was brought in the name of plaintiff church for a perpetual injunction restraining the defendants from interfering with “ plaintiff, its trustees and members ” in the holding of services in a portion of the church building belonging to plaintiff corporation and for damages. The trial court found that the defendants, except the defendant Lunn, were, at the commencement of the action, de facto trustees of the plaintiff, in possession, and that the court was without jurisdiction to determine in this action who were the de jure trustees of the plaintiff.