Wayne & Ontario Collegiate Institute v. Smith
New York Supreme Court
APPEAL from a judgment of the Wayne county court, reversing a judgment of a justice of the peace. In May, 1855, the defendant and several other persons signed the following paper: “We, the subscribers, do agree to well and- truly pay the several sums set against our respective names, to the treasurer of a board of trustees, (which may he elected by the Wayne County Baptist Association, at a convention now called to meet at Marion, on Wednesday, the 30th day of the present…
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APPEAL from a judgment of the Wayne county court, reversing a judgment of a justice of the peace. In May, 1855, the defendant and several other persons signed the following paper: “We, the subscribers, do agree to well and- truly pay the several sums set against our respective names, to the treasurer of a board of trustees, (which may he elected by the Wayne County Baptist Association, at a convention now called to meet at Marion, on Wednesday, the 30th day of the present month,) in such installments, (jirovided always that no more than one fourth is called for at any one time,) and at such…
1Opinion of the Court
By the Gourt,
E. Darwin Smith, J.
The decision of the county court in this case, reversing that of the justice, I think, was right, and is sustainable, within the cases of Barnes v. Perrine, (9 Barb. 210; S. C., 15 id. 249, and 2 Kern. 18;) McAuley v. Billenger, (20 John. 89;) Farmington Academy v. Allen, (14 Mass. Rep. 172;) Amherst Academy v. Cowles, (6 Pick. 427;) and Religious Society of Whitestown v. Stone, (7 John. 113.) The defendant, with others, made his subscription to raise an amount sufficient to induce the Wayne county Baptist association to establish and found a collegiate…
2Cases cited7 opinions
- Trustees of Farmington Academy v. AllenMassachusetts Supreme Judicial Court · 1817
- L'Amoreux v. . GouldNew York Court of Appeals · 1852
- Thomas v. GoodwinMassachusetts Supreme Judicial Court · 1815
- Hilton v. SouthwickSupreme Judicial Court of Maine · 1840
- M'Auley v. BillengerNew York Supreme Court · 1822
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Baptist Female University v. BordenSupreme Court of North Carolina · 1903
- University v. . BordenSupreme Court of North Carolina · 1903
- Hutchins v. SmithNew York Supreme Court · 1865
- Hammond v. ShepardNew York Supreme Court · 1865
- Hammond v. ShepardNew York Supreme Court · 1871
4 more not listed; retrieve them via the Exa API.