I. & I. Holding Corp. v. Gainsburg
New York Court of Appeals
1DissentLehman, J.
Subscriptions to a charitable corporation are enforceable only if the charitable corporation gives some consideration for the promise to pay, or was induced, by the promise, to perform some act which it would otherwise not have performed. (Matter of Taylor, 251 N. Y. 257.) Though the doctrine of consideration is not applied “ in all its ancient rigor ” to charitable subscriptions, yet the question in each case still is whether the enforcement of the charitable subscription “ can be squared with the doctrine of consideration as qualified by the doctrine of promissory estoppel.” (Allegheny…
2Cases cited9 opinions
- Allegheny College v. National Chautauqua County Bank of JamestownNew York Court of Appeals · 1927
- Barnes v. . PerineNew York Court of Appeals · 1854
- Presb. Church of Albany v. . CooperNew York Court of Appeals · 1889
- Keuka College v. . RayNew York Court of Appeals · 1901
- In Re the Estate of TaylorNew York Court of Appeals · 1929
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