Russell v. South Britain Society
Supreme Court of Connecticut
This was an action of assumpsit, commenced in June, 1832. There were three counts in the declaration ; the first being for money had and received, and the others special, i In the second count, the plaintiff averred, That on the 28th of February, 180?, the plaintiff, with several other persons, t associated, for the purpose of raising, by subscription, a fund ,■ to support the preaching of the gospel; that the plaintiff, together with several other persons, subscribed the…
Read the full summary
This was an action of assumpsit, commenced in June, 1832. There were three counts in the declaration ; the first being for money had and received, and the others special, i In the second count, the plaintiff averred, That on the 28th of February, 180?, the plaintiff, with several other persons, t associated, for the purpose of raising, by subscription, a fund ,■ to support the preaching of the gospel; that the plaintiff, together with several other persons, subscribed the sum of 10,000 dollars, by setting their names to a subscription paper for that purpose, and annexing opposite their…
1Opinion of the CourtBissell, J.
No question has been raised upon either of the special pleas filed in this case : of course, they may be laid out of consideration.
The principal question, which has been made and discussed, is, whether upon a sound construction of the articles of subscription, in connection with the facts admitted and found in the case, an action of law can be sustained ?
It is admitted, that a large portion of the fund, originally subscribed, was lost, by the failure of the Eagle Bank; and that the loss has never been made good, by the society.
It has not been found,, nor has it been contended, that this *526]oss…
2Cases cited1 opinion
- Willoughby v. RaymondSupreme Court of Connecticut · 1821
3Cited by19 opinions
- Knickerbocker v. . the PeopleNew York Court of Appeals · 1870
- Debinski v. StateCourt of Appeals of Maryland · 1950
- Berry v. StateCourt of Criminal Appeals of Oklahoma · 1910
- State v. PambianchiSupreme Court of Connecticut · 1953
- State v. PalkimasSupreme Court of Connecticut · 1966
14 more not listed; retrieve them via the Exa API.