Barnes v. Perine
New York Supreme Court
This action was brought against the defendant on a subscription paper signed by the defendant and others, which was in the following words: “We the subscribers agree to pay the sums set opposite our respective names, for the purpose of building a Presbyterian Church at Glen’s Falls.
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This action was brought against the defendant on a subscription paper signed by the defendant and others, which was in the following words: “We the subscribers agree to pay the sums set opposite our respective names, for the purpose of building a Presbyterian Church at Glen’s Falls. Said church to be built on the lot now occupied by the old Presbyterian Church in said village; the amount to be subscribed in cash to be five thousand dollars, the money to be paid to the trustees of said church or to a building committee to be appointed by the undersigned subscribers ; the body of the church to…
1Opinion of the CourtPaige, J.
The counsel for the defendant, in his motion for a nonsuit, made the following points, viz.: 1. The action, if sustainable, should have been brought, either in the corporate name of the church, or in the names of the persons who were trustees at the date of the subscription; or in the names of the building committee. 2. The undertaking of the defendant was void for want of a consideration. 3. Being void when made, it could not become a valid contract by means of the subsequent acts of the building committee, in erecting the church, or in making contracts for that purpose.
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