Legal Opinion

Hodges v. Nalty

Wisconsin Supreme Court

Decided March 11, 1902PublishedCited by 2 opinions

Appeal from a judgment of tlie circuit court for Green county: B. E. Duhwiddie, Circuit Judge. This is the second appearance of this action in this court. It first came here on an appeal from an order overruling a demurrer to the complaint. 104 Wis. 464. The action is based upon a subscription made by defendant, with some seventy-five other persons, for the purpose of building a church.

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Appeal from a judgment of tlie circuit court for Green county: B. E. Duhwiddie, Circuit Judge. This is the second appearance of this action in this court. It first came here on an appeal from an order overruling a demurrer to the complaint. 104 Wis. 464. The action is based upon a subscription made by defendant, with some seventy-five other persons, for the purpose of building a church. The signature to the subscription signed by defendant was as follows: “Nalty Eamily, $1,000.” The answer admits the signing of the subscription paper in manner and form as stated; sets up that it was made on…

1Opinion of the CourtBaedeeN, J.

1. The complaint in this action seems to have been based upon the theory that the agreement of defendant shown by the subscription paper was his absolute engagement to pay the sum specified. He now seeks to avoid liability by claiming that it is meaningless and void for uncertainty. He admits that he made the subscription, and that he went out to obtain subscriptions from others, and that he talked with them as to the amount he was to pay. He also says that he told others that, if they did not pay the amount the committee had assessed for them to pay, he would not pay the sum he had pledged.…

2Cases cited15 opinions

  1. Allen v. South Boston RailroadMassachusetts Supreme Judicial Court · 1889
  2. Allen v. DuffieMichigan Supreme Court · 1880
  3. National Life Ins. Co. v. . MinchNew York Court of Appeals · 1873
  4. Merchants' Bank v. SpicerNew York Supreme Court · 1831
  5. Lathrop v. KnappWisconsin Supreme Court · 1870

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3Cited by2 opinions

  1. Richards v. WilsonIndiana Supreme Court · 1916
  2. Brown v. Marion Commercial ClubIndiana Court of Appeals · 1912

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