Duer v. Church.
New York City Court
Appeal from trial term. Action by Susan Duer against the Twelfth Street Reformed Church of Brooklyn. A verdict'was directed for the defendant, from which, and from the judgment thereon, the plaintiff appeals.
1Opinion of the CourtVan Wyok, J.
The plaintiff sues to recover $75.15, with interest, received by defendant under the following agreement: “Received from Mrs. Duer, for juvenile concert, $75.15 towards permanent debt of $19,000 of Twelfth-Street Reformed Church. The amount of this subscription to be returned, if demanded, * * * in ease there is not sufficient amount subscribed by January 1st, 1880.” The answer denies the allegation of the complaint that there was not a sufficient amount subscribed by January 1, 1880, to pay the debt, and there is no evidence to prove this allegation. This would be sufficient to defeat the…
2Cases cited2 opinions
- Dickinson v. . the Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Corkings v. . the StateNew York Court of Appeals · 1885
3Cited by1 opinion
- Gates v. PowellMontana Supreme Court · 1926