George v. Harris
Superior Court of New Hampshire
Assumpsit upon a certain writing in the words and figures following : — ■ “ For the purpose of providing a suitable court house in the town of Plymouth, and to have said town continue a half shire, we, the subscribers, severally promise to pay the sums set against our respective names, or so much thereof as may be necessary for said purposes, payment to be made to Arthur Livermore, in trust, for the use of us respectively, unless applied as above under the direction of a…
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Assumpsit upon a certain writing in the words and figures following : — ■ “ For the purpose of providing a suitable court house in the town of Plymouth, and to have said town continue a half shire, we, the subscribers, severally promise to pay the sums set against our respective names, or so much thereof as may be necessary for said purposes, payment to be made to Arthur Livermore, in trust, for the use of us respectively, unless applied as above under the direction of a majority of those of us subscribing fifty dollars or upwards, provided some person will give half an acre of land suitable,…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J.
It has been decided in Massachusetts, that when one subscribes with others a sum of money to carry on some common project, lawful in itself and supposed to be beneficial to the projectors, and mo*535ney is advanced upon the faith of such subscription, an action for money paid may be maintained against a subscriber for the amount of his subscription, or such portion of it as may be equal to his proportion of the expense incurred. 5 Pick. 228, Bryant v. Goodnow; 14 Mass. Rep. 172, The Trustees of F. A. v. W. Allen; 12 ditto, 190, Holmes v.…
2Cases cited1 opinion
- Trustees of Farmington Academy v. AllenMassachusetts Supreme Judicial Court · 1817
3Cited by2 opinions
- Curry v. RogersSuperior Court of New Hampshire · 1850
- Moore v. ChesleySuperior Court of New Hampshire · 1845