McDonald v. Gray
Supreme Court of Iowa
Appeal from HeoJmlc District Court. contended, 1. That the plaintiff having the legal title to the subscription sued on was the real party in interest; The Slate of Iowa v, Butterworth, 2 Iowa 158; Parwellv. Tyler, 5 lb. 540; Fear v. Jones, 6 lb. 170. 2. That the principle is well settled that loss or disadvantage to the promisee reasonably relying upon the promise is as good a consideration as benefit or advantage to the promissor; 1 Par.
Read the full summary
Appeal from HeoJmlc District Court. contended, 1. That the plaintiff having the legal title to the subscription sued on was the real party in interest; The Slate of Iowa v, Butterworth, 2 Iowa 158; Parwellv. Tyler, 5 lb. 540; Fear v. Jones, 6 lb. 170. 2. That the principle is well settled that loss or disadvantage to the promisee reasonably relying upon the promise is as good a consideration as benefit or advantage to the promissor; 1 Par. Cont. 358; Amherst Academy v. Ooivles, 6 Pick. 427; Barns v. Ferine, 1 Ker. 25; Blaise v. Blake, 7 Iowa 46; Toiosley v. Oicfe, 6 lb. 527; Homer v. David,…
1Opinion of the CourtBaldwin, J.
This suit is upon a subscription signed by the defendant and others, by which they agree to. pay to the plaintiff, George McDonald, Treasurer of the congregation of Liberty, the several sums subscribed for the. purpose of erecting a church edifice for said congregation. It appears that the congregation for which the building was proposed to be built was an unincorporated association; that it had no such legal existence as would enable it to sue or be sued.
The plaintiff, in his pleadings, claims that upon the strength of the subscriptions by defendant and others, the church was erected; and…
2Cases cited1 opinion
- Farwell v. TylerSupreme Court of Iowa · 1858
3Cited by6 opinions
- Burlington University v. BarrettSupreme Court of Iowa · 1867
- Lathrop v. KnappWisconsin Supreme Court · 1870
- Estate Of O. J. WardwellCourt of Appeals for the Eighth Circuit · 1962
- Kimmins v. WilsonWest Virginia Supreme Court · 1875
- Estate of Wardwell v. CommissionerCourt of Appeals for the Eighth Circuit · 1962
1 more not listed; retrieve them via the Exa API.