
    Rector, Etc., of the Protestant Episcopal Church of St. Stephen v. Blackhurst.
    
      (Common Pleas of New York City and County, General Term.
    
    May 15, 1890.)
    Replevin—When Lies—Possession op Corporate Seal.
    The rector, church-wardens, etc., of an incorporated church, cannot maintain replevin for the corporate seal against the treasurer of the church, where a rule of the church declares that the treasurer shall “safely keep * * * the corporation seal. ”
    Appeal from eleventh district court.
    Replevin by the rector, church-warden, etc., of the Protestant Episcopal Church of St. Stephen against James Blaokhurst, to recover possession of the-corporate seal of said church. Defendant answered that he was treasurer of said church, and as such was entitled to the possession of said seal under a rule of the church which provides that “it shall be the duty of the treasurer to see to the collection of all pew rents and other moneys received, and to> •keep all moneys and property committed to his care, and safely keep all valuable papers, the corporation seal,” etc. There was a judgment for plaintiff, and defendant appeals.
    Argued before Larremore, C. J., and Bookstaver, J.
    
      Booraem, Hamilton & Beckett, for appellant. A. J. Shipman, for respondent.
   Ho opinion. Judgment reversed.  