Hutchins v. Smith
New York Supreme Court
APPEAL from a judgment entered upon a referee’s report. The action was to recover the sum of $150 a subscription paper, signed hy the defendant and" several others, which was as follows: “We, the undersigned, agree to pay to the trustees named below, the sum set opposite our ñames, for the purpose of raising a fund sufficiently large to entitle us to an act of incorporation from the regents, The persons named as trustees are to purchase grounds in Mechanicville, and erect…
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APPEAL from a judgment entered upon a referee’s report. The action was to recover the sum of $150 a subscription paper, signed hy the defendant and" several others, which was as follows: “We, the undersigned, agree to pay to the trustees named below, the sum set opposite our ñames, for the purpose of raising a fund sufficiently large to entitle us to an act of incorporation from the regents, The persons named as trustees are to purchase grounds in Mechanicville, and erect thereon a suitable building and fixtures for an academy, and such as the regents require to grant an act of incorporation,…
1Opinion of the Court
By the Court, Miller, J.
The subscription paper signed by the defendant contained an express agreement to pay to the persons designated therein as trustees the sums subscribed, and a request to purchase land and to erect thereon a suitable building and fixtures for an academy. In accordance with its terms and the request therein contained, proceedings were taken to purchase the lot, to -make expenditures, to incur liabilities, and to erect the building. The defendant himself was an active participator in all these proceedings, until nearly the whole amount fixed as the sum required had been…
2Cases cited6 opinions
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Barnes v. . PerineNew York Court of Appeals · 1854
- Smith v. GugertyNew York Supreme Court · 1848
- Barnes v. PerineNew York Supreme Court · 1850
- Betts v. PerineNew York Supreme Court · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Belton Compress Co. v. SaundersTexas Supreme Court · 1887
- Dunnigan v. Kathan, New York County Courts1907
- Coffin v. President of Grand Rapids Hydraulic Co.The Superior Court of the City of New York and Buffalo · 1892
- Coffin v. President of the Grand Rapids Hydraulic Co.The Superior Court of New York City · 1892
- Keuka College v. RayAppellate Division of the Supreme Court of the State of New York · 1899