United Presbyterian Church v. Baird
Supreme Court of Iowa
Appeal from Buchanan Circuit Court. Action upon a contract. The plaintiff avers in its petition, in substance, that the plaintiff is a corporation; that it was in debt, and had need to raise money by subscription to pay the indebtedness; that several persons subscribed and promised to pay the plaintiff various sums respectively; that among them the defendant subscribed and promised to pay the plaintiff $50; that the plaintiff, relying upon the subscriptions, borrowed of one…
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Appeal from Buchanan Circuit Court. Action upon a contract. The plaintiff avers in its petition, in substance, that the plaintiff is a corporation; that it was in debt, and had need to raise money by subscription to pay the indebtedness; that several persons subscribed and promised to pay the plaintiff various sums respectively; that among them the defendant subscribed and promised to pay the plaintiff $50; that the plaintiff, relying upon the subscriptions, borrowed of one Jamison the amount necessary to pay its indebtedness, and with it paid its indebtedness, and the plaintiff now relies…
1Opinion of the CourtAdams, J.
The question certified is in these words:
“Does the borrowing by the plaintiff, of said Jamison, money to pay the existing indebtedness of the plaintiff, relying upon the payment of said subscriptions tó pay said borrowed money, create any new or additional consideration sufficient to enable the plaintiff, in law, to enforce the collection of said subscription paper?”
Whether the contract imports a consideration in such sense that the defense of a want of consideration should have been raised by answer, we do not determine. It was held in Trustees v. Garvey, 53 Ill., 104, that the borrowing of…
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- Brokaw v. McElroySupreme Court of Iowa · 1913
- Maryland National Bank v. United Jewish Appeal Federation of Greater Washington, Inc.Court of Appeals of Maryland · 1979
- Erdman v. Trustees of the Eutaw Methodist Protestant ChurchCourt of Appeals of Maryland · 1917
- First Methodist Episcopal Church v. DonnellSupreme Court of Iowa · 1899
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