Twenty-Third Street Baptist Church v. Cornell
New York Court of Appeals
Appeal from a judgment of the General Term of the Superior Court of the city of New York, entered upon an order made October 25, 1888, which affirmed a judgment •entered upon an order dismissing the complaint on trial, and .affirmed an order denying a motion for a new trial.
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Appeal from a judgment of the General Term of the Superior Court of the city of New York, entered upon an order made October 25, 1888, which affirmed a judgment •entered upon an order dismissing the complaint on trial, and .affirmed an order denying a motion for a new trial. This action was brought to recover the sum of $5,000 alleged to have been subscribed by Catherine Weeks, defendant’s testatrix, on or about December 14, 1881, for the purpose of constructing a church edifice. The subscription paper was as follows: “ We, the undersigned, hereby agree to pay on May 1st, 1882, or sooner, at…
1Opinion of the CourtFinch, J.
It is an insuperable barrier to a recovery by the plaintiff that the subscription of Mrs. Weeks to the fund for the erection of a new church building was merely an ■executory gift, unsupported by any consideration. The doctrine settled in the recent case of Presbyterian Church v. Cooper (112 N. Y. 517) is decisive upon the facts here presented. Since the subscriptions of several furnished no ■consideration for the promise of any one; since the dece dent did not request the corporation to build a new edifice, and the church did not promise that it would; since no endeavor to obtain subscribers…
2Cases cited1 opinion
- Presb. Church of Albany v. . CooperNew York Court of Appeals · 1889
3Cited by25 opinions
- Allegheny College v. National Chautauqua County Bank of JamestownNew York Court of Appeals · 1927
- Rogers v. Galloway Female CollegeSupreme Court of Arkansas · 1898
- I. & I. Holding Corp. v. GainsburgNew York Court of Appeals · 1938
- Eastern States Agricultural & Industrial League v. Estate of VailSupreme Court of Vermont · 1924
- Blanton v. Forrest City Manufacturing Co.Supreme Court of Arkansas · 1919
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