Congregational Society in Troy v. Goddard
Superior Court of New Hampshire
Assumpsit on a promissory note, dated the 27th of January, 1825, on which the plaintiff declared that the defendant, in consideration that a fund of one thousand dollars, or upwards, should be raised for the support of the ministry in the Congregational Society in Troy, promised to pay said society twenty-five dollars on demand and interest annually. It was then averred that a fund of one thousand dollars was raised, and that the defendant had due notice of it.
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Assumpsit on a promissory note, dated the 27th of January, 1825, on which the plaintiff declared that the defendant, in consideration that a fund of one thousand dollars, or upwards, should be raised for the support of the ministry in the Congregational Society in Troy, promised to pay said society twenty-five dollars on demand and interest annually. It was then averred that a fund of one thousand dollars was raised, and that the defendant had due notice of it. It appeared that the interest had been annually paid on the note to the 1st of January, 1833. The defendant plead the general issue,…
1Opinion of the CourtUpham, J.
It is agreed in this case, that the note in suit specifies only part of the contract which was made betwixt the parties, and that the articles of agreement, or subscription, bearing date the same day, and executed at the same time the note was given, constitute a part of the contract. The conditions, therefore, of the donation are part of the conditions of the note. They are, also, conditions precedent: which should be averred, or which should be- proved, at least, before the plaintiff can be entitled to recover.
One condition expressed on the face of the note, is that the sum of one thousand…
2Cases cited7 opinions
- Chester Glass Co. v. DeweyMassachusetts Supreme Judicial Court · 1819
- Trustees of Farmington Academy v. AllenMassachusetts Supreme Judicial Court · 1817
- Jerome v. WhitneyNew York Supreme Court · 1811
- Boutell v. CowdinMassachusetts Supreme Judicial Court · 1812
- Homes v. DanaMassachusetts Supreme Judicial Court · 1815
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