Hodges v. O'Brien
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Iowa county: Geo. OlemeNtsoN, Circuit Judge. This action is based upon the same subscription paper mentioned in Hodges v. Nalty, 104 Wis. 464.. It is brought to recover the amount subscribed by the defendant toward the building of a church in the parish where he officiated as priest. The plaintiffs are the building committee, suing in behalf of all others interested. Their old church had been burned.
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Appeal from a judgment of the circuit court for Iowa county: Geo. OlemeNtsoN, Circuit Judge. This action is based upon the same subscription paper mentioned in Hodges v. Nalty, 104 Wis. 464.. It is brought to recover the amount subscribed by the defendant toward the building of a church in the parish where he officiated as priest. The plaintiffs are the building committee, suing in behalf of all others interested. Their old church had been burned. Soon thereafter the defendant erected a small cbapel at his own expense for the congregation^ to occupy until other arrangements could be made. In…
1Opinion of the CourtBaedeeN, J.
Counsel for the defendant first makes a vigorous attack upon the decision in Lathrop v. Knapp, 27 Wis. 214, as laying down bad law, and being at variance with the almost universal current of authority elsewhere. The true rule governing such subscriptions is asserted to be that the subscription is simply a proposition, which, ^until expressly or impliedly accepted by the promisee, may be revoked by the subscriber. If a review of that case was necessary for the decision of this appeal, we might find it difficult to subscribe to all that is said in the prevailing opinion, but we do not consider…
2Cases cited5 opinions
- Odette v. StateWisconsin Supreme Court · 1895
- Hannon v. StateWisconsin Supreme Court · 1888
- Lathrop v. KnappWisconsin Supreme Court · 1870
- Douglass v. StateWisconsin Supreme Court · 1856
- Moore v. City of PlattevilleWisconsin Supreme Court · 1891
3Cited by8 opinions
- Brown v. StateWisconsin Supreme Court · 1906
- Secor v. StateWisconsin Supreme Court · 1903
- Mead v. City of Richland CenterWisconsin Supreme Court · 1941
- Madison v. StateWisconsin Supreme Court · 1973
- Peoples Bank & Trust Co. v. WeidingerSupreme Court of New Jersey · 1906
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