Legal Opinion

Morville v. American Tract Society

Massachusetts Supreme Judicial Court

Decided September 7, 1877PublishedCited by 51 opinions

Motion in the Superior Court to accept an award of three arbitrators upon a submission, entered into before a justice of the peace under the Gen. Sts. c. 147, § 1, of the following demand: “ The right of R W. Morville to recover from the American Tract Society the sum of $5000 alleged to have been given in the month of March 1869, by said Morville (under the assumed name of ‘ Union ’) to said society, and by said society to have been received and accepted upon certain…

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Motion in the Superior Court to accept an award of three arbitrators upon a submission, entered into before a justice of the peace under the Gen. Sts. c. 147, § 1, of the following demand: “ The right of R W. Morville to recover from the American Tract Society the sum of $5000 alleged to have been given in the month of March 1869, by said Morville (under the assumed name of ‘ Union ’) to said society, and by said society to have been received and accepted upon certain conditions, to be by said society performed, which it is alleged have not been fulfilled, and for breach of which said sum is…

1Opinion of the CourtColt, J.

The plaintiff paid five thousand dollars to tne American Tract Society, under an agreement with the treasurer of that society that it should be repaid to him in case thecsociety should not be allowed to retain its catholic condition, and unless fifty thousand dollars be raised within five years for evangelization purposes. A receipt for the money, signed by the treasurer, and reciting that agreement, was given to the plaintiff. There was a failure of one of the conditions named, but the society refused to pay the money back to the plaintiff.

The right of the plaintiff to recover the money so…

2Cases cited4 opinions

  1. Utica Insurance v. BloodgoodNew York Supreme Court · 1830
  2. Utica Insurance v. CadwellNew York Supreme Court · 1829
  3. Utica Insurance v. ScottNew York Supreme Court · 1821
  4. Johnson v. Holyoke Water Power Co.Massachusetts Supreme Judicial Court · 1871

3Cited by51 opinions

  1. Chapman v. County of DouglasSupreme Court of the United States · 1883
  2. Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
  3. Logan County National Bank v. TownsendSupreme Court of the United States · 1891
  4. Aldrich v. Chemical National BankSupreme Court of the United States · 1900
  5. Kneeland v. EmertonMassachusetts Supreme Judicial Court · 1932

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