Trustees of Farmington Academy v. Allen
Massachusetts Supreme Judicial Court
This was a special assumpsit upon the following paper, viz., “ Town of Farmington, county of Kennebeck, December, 1805. Whereas the establishment of an'academy in this part of the county for instruction in the different branches of useful learning is rendered necessary by our distance from any literary institution of this kind, and will meet the approbation of all friends to the public good, by affording the means of diffusing knowledge to the rising generation ; and whereas…
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This was a special assumpsit upon the following paper, viz., “ Town of Farmington, county of Kennebeck, December, 1805. Whereas the establishment of an'academy in this part of the county for instruction in the different branches of useful learning is rendered necessary by our distance from any literary institution of this kind, and will meet the approbation of all friends to the public good, by affording the means of diffusing knowledge to the rising generation ; and whereas the raising of a suitable fund by the voluntary donations of individuals is requisite, before the necessary assistance…
1Opinion of the CourtParker, C. J.
According to *153the decision of the case of The Trustees of Limerick Academy vs. Davis, cited in the present argument, this action cannot be supported upon the original promise, of which the subscription paper is the evidence; for it appears, by that decision, that a promise of this sort, made to no particular person, and having only a public benefit for its consideration, is no more binding in law than it is upon the consciences of men who are base enough to refuse to perform them. That case was well decided ; and we conform to it now, as far as a strict analogy holds between that case and this…
2Cases cited2 opinions
- Tipton v. ChambersCourt of Appeals of Kentucky · 1859
- Hutchinson v. BrockMassachusetts Supreme Judicial Court · 1814
3Cited by47 opinions
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Barnes v. . PerineNew York Court of Appeals · 1854
- Trustees of Phillips Limerick Academy v. DavisMassachusetts Supreme Judicial Court · 1814
- Cross v. Pinckneyville Mill Co.Illinois Supreme Court · 1855
- Livesey v. Omaha Hotel Co.Nebraska Supreme Court · 1876
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