Hodges v. Nalty
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Green county: JohN E. BeNNEtt, Circuit Judge. This is an appeal from an order overruling a demurrer to tbe complaint. Tbe action is brought by ten persons, who are alleged to be members of St. Yictor’s Oburcb Congregation, of Monroe, Wisconsin, an unincorporated religious society, against tbe defendant, who is also alleged to be a member of such congregation.
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Appeal from an order of tbe circuit court for Green county: JohN E. BeNNEtt, Circuit Judge. This is an appeal from an order overruling a demurrer to tbe complaint. Tbe action is brought by ten persons, who are alleged to be members of St. Yictor’s Oburcb Congregation, of Monroe, Wisconsin, an unincorporated religious society, against tbe defendant, who is also alleged to be a member of such congregation. Tbe complaint alleges that in January, 1892, tbe plaintiffs and tbe defendant and three other persons were selected as a committee to receive and collect subscriptions for tbe building of a…
1Opinion of the CourtWiNSlow, J.
This is an action at law by a part of the subscribers to a building fund, wEo have incurred obligations on the faith of the subscription, to recover of one subscriber the amount of his unpaid subscription. That such a promise as -is here alleged is valid and binding, and may. be-' enforced by the proper parties in some appropriate form of action, is well settled. Superior C. L. Co. v. Bickford, 93 Wis. 220. The controlling questions raised by the demurrer here are (1) whether the action can be maintained by a part, of the subscribers for the benefit of all; and (2) whether all. the defaulting…
2Cases cited4 opinions
- Gibbons v. GrinselWisconsin Supreme Court · 1891
- Kirschbon v. BonzelWisconsin Supreme Court · 1886
- George v. BenjaminWisconsin Supreme Court · 1898
- Superior Consolidated Land Co. v. BickfordWisconsin Supreme Court · 1896
3Cited by8 opinions
- Hawarden v. Youghiogheny & Lehigh Coal Co.Wisconsin Supreme Court · 1901
- Tyree v. Road Dist. No. 5Court of Appeals of Texas · 1917
- Zwietusch v. LuehringWisconsin Supreme Court · 1914
- Pipkorn v. Village of Brown DeerWisconsin Supreme Court · 1960
- Marshall v. WittigWisconsin Supreme Court · 1931
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