Edinboro' Academy v. Robinson
Supreme Court of Pennsylvania
Error to the Common Pleas of Erie county. This was an action brought by Prentiss Burlingham and others, “trustees of Edinboro’ Academy,” against Alva Robinson, to recover an instalment on his subscription of $50 to the following paper:— “ We the undersigned, citizens of Edinboro’ and vicinity, feeling the necessity of an institution of learning in our midst, affording greater advantages for education than common schools, do hereby agree to pay R. W. Gerrish, Prentiss…
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Error to the Common Pleas of Erie county. This was an action brought by Prentiss Burlingham and others, “trustees of Edinboro’ Academy,” against Alva Robinson, to recover an instalment on his subscription of $50 to the following paper:— “ We the undersigned, citizens of Edinboro’ and vicinity, feeling the necessity of an institution of learning in our midst, affording greater advantages for education than common schools, do hereby agree to pay R. W. Gerrish, Prentiss Burlingham, Josiah J. Compton, Alfred Green, I. R. Taylor, William Proud, and Nelson Clute, trustees for the purpose, the sums…
1Opinion of the Court
The opinion of the court was delivered, by
Lowrie, C. J.
— So soon as this subscription-paper became complete by the subscription of the stipulated amount of money, the subscribers to it became an association of persons united for contributing to a common fund for a common purpose, to be carried out by themselves. Then the subscription of each (at least if not withdrawn before the actual organization of the associates) became a contract, by each associate with his fellows, in consideration of similar contracts by them, to contribute to the common fund the amount subscribed by him.
Such an act of…
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