Legal Opinion

Crane v. Elizabeth Library Ass'n

Supreme Court of New Jersey

Decided November 15, 1861Published

This cause came before the court on the following state of the case. This is an action of assumpsit brought in the court below . to recover one hundred and twenty-five dollars, with interest, of the defendant, as a subscriber for five shares of the capital stock of the Elizabeth Library Association. On the trial the act of incorporation of the Elizabeth Library Association was proved.

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This cause came before the court on the following state of the case. This is an action of assumpsit brought in the court below . to recover one hundred and twenty-five dollars, with interest, of the defendant, as a subscriber for five shares of the capital stock of the Elizabeth Library Association. On the trial the act of incorporation of the Elizabeth Library Association was proved. The plaintiffs offered in evidence a book containing the words and figures following, viz.: “Elizabeth, December 2d, 1856, It is proposed to raise the sum of twenty thousand dollars, in shares of twenty-five…

1Opinion of the Court

The opinion of the court was delivered by

The Chief Justice.

Two questions have been certified for our advisory opinion.

1. Whether parol evidence was properly admitted to show that the book and writing were a subscription to the stock of the Elizabeth Library Association.

2. Whether, upon the subscription or agreement contained in the said book, the plaintiffs were entitled to recover the amount subscribed by defendant.

The subscription was in a book which did not appear, by any writing in it, to belong to the plaintiffs; it was dated long after the plaintiffs were incorporated.

No allusion is…

2Cases cited1 opinion

  1. Corwin v. CorwinNew York Supreme Court · 1850

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