Griswold v. Board of Trustees of the Peoria University
Illinois Supreme Court
This suit was commenced before a justice of the peace of Peoria county, and taken by appeal to the Circuit Court, where it was tried at November term, 1860. A trial by jury was had, and verdict and judgment for plaintiff's for $300. The suit was brought upon the following instrument: “ We, the subscribers, agree to pay the sum set opposite our respective names, for the erection of buildings and in defraying the expenses of putting in operation the College of the Synod of…
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This suit was commenced before a justice of the peace of Peoria county, and taken by appeal to the Circuit Court, where it was tried at November term, 1860. A trial by jury was had, and verdict and judgment for plaintiff's for $300. The suit was brought upon the following instrument: “ We, the subscribers, agree to pay the sum set opposite our respective names, for the erection of buildings and in defraying the expenses of putting in operation the College of the Synod of Illinois at Peoria, to be paid as the money shall be required to meet the expenditures as incurred for the purpose…
1Opinion of the CourtBreese, J.
There are, really, but two questions presented in this record. The first is, was the subscription binding upon the defendant below, being made before the charter of the university was obtained ? And second, if binding upon him, was it evidence ?
Upon the first point, it has been often decided, and may be now considered as settled, that such a subscription enures to the benefit of the corporation thereafter created. English and American cases to this point, are collected and referred to by this court in the case of Cross v. Pinckneyville Mill Co., 17 Ill. 58. It is unnecessary to go over the…
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