Madison Avenue Baptist Church v. Baptist Church in Oliver Street

Headnote

Appeal from a judgment entered upon the report

of Hon. Wm. Mitchell, the referee appointed “ to hear and determine the issues,” finding the sum of $70,607.94, due frop the plaintiff to the defendant, and ordering foreclosure and sale of plaintiff’s church property, unless within two months that sum, with interest and costs, is paid.

The court, at General Term, after consideration of the opinion of the court of appeals herein (73 If. 7. 82), and the principles and manner of conducting the accounting below, and various questions of law and fact arising thereon, said: “The order to be made upon this appeal will require the modification of the judgment as to amount, in the respects which have been stated. I have no doubt that the amount of this modification can be ascertained on settlement of order, without remitting the case to the court below for that purpose. The judgment will stand affirmed as modified. The action should then be remitted to the court below, for the purpose of the proper proceedings being there taken, to bring in the trust mortgagees as parties, with liberty to either.party to begin such proceedings.”

“The plaintiffs should have the costs of this appeal, to be charged against the amount found due by present judgment to defendants.”