Foley v. Tovey
Supreme Court of Pennsylvania
Appeal of Martin Foley and Michael Kelly from the decree of the Court of Common Pleas of Schuylkill county. In Equity. Thomas Tovey filed a bill in equity to June Term 1865, against Foley and Kelly, the defendants, asking that they should be decreed to pay him the sum of $300 out of a fund which had been put into their hands as a committee of the citizens of Cass township, for the purpose of relieving the township of the draft.
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Appeal of Martin Foley and Michael Kelly from the decree of the Court of Common Pleas of Schuylkill county. In Equity. Thomas Tovey filed a bill in equity to June Term 1865, against Foley and Kelly, the defendants, asking that they should be decreed to pay him the sum of $300 out of a fund which had been put into their hands as a committee of the citizens of Cass township, for the purpose of relieving the township of the draft. A club, of which the complainant was one, had been formed at Minersville, in that township, and a resolution passed that every member should pay $50 to furnish…
1Opinion of the Court
The opinion of the court was delivered, by
Read, J.
This case arises out of a club or association formed to provide substitutes for those of its members who should be drafted under the proclamation for 300,000 men to be raised by draft unless the quota was filled by volunteers prior to the 15th of February 1865. This was clearly the intention of the Miners-ville club, of which the plaintiff was a member, and to which he paid his subscription. He was drafted, and was obliged to pay $1000 for a substitute, and he now claims $300 for this substitute, which sum it is agreed must have been paid to…
2Cited by2 opinions
- Manning v. KleinSuperior Court of Pennsylvania · 1896
- Neff v. Pennsylvania Daughters of LibertySuperior Court of Pennsylvania · 1916