State Treasurer v. Cross
Supreme Court of Vermont
This was an action of assumpsit upon a subscription paper, for the purpose of building a new State-house in the town of Montpelier. The general issue was pleaded and joined to the court. The plaintiff, to support the issue on= his- part, introduced testimony to show that the State-house, heretofore occupied in the-, town of Montpelier, was in a dilapidated condition.
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This was an action of assumpsit upon a subscription paper, for the purpose of building a new State-house in the town of Montpelier. The general issue was pleaded and joined to the court. The plaintiff, to support the issue on= his- part, introduced testimony to show that the State-house, heretofore occupied in the-, town of Montpelier, was in a dilapidated condition. That, at the session of the legislature, in 1831, a resolution was passed,, appointing a committee- to receive proposals- for building a new State-house. The- plaintiff also introduced the subscription-paper, which is signed',…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
This is an action brought to recover the sum, subscribed by the defendants, towards building a state-house in Montpelier. The subscription paper contained a contract be*293tween the state and the individual subscribers, and, if liable to none of the objections, which have been urged, must be enforced. Here were parties in esse, capable of contracting. If the subscription was made before the passing of the act of the legislature in 1832, it was in the nature of a proposition to the state, that the several subscribers would pay the several…
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