Rogers v. Galloway Female College
Supreme Court of Arkansas
Appeal from White Chancery Court. Thomas B. Martin, Chancellor. There can be no recovery upon the note sued on, because the college was located outside the town of Searcy. “In," as used in this case, means “within” or “inside of.” Century Diet., definition of “In”; Webster’s Diet., definition of “Within”; 2 Parsons, Cont. § 527; 30 Ark. 186; 82 Tex. 553, 559; 32 Md. 37. So with the preposition “at.” 1 Ark. 171, 180, 181; 3 Cranch (C. C.), 599, 606; 1 Bish.
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Appeal from White Chancery Court. Thomas B. Martin, Chancellor. There can be no recovery upon the note sued on, because the college was located outside the town of Searcy. “In," as used in this case, means “within” or “inside of.” Century Diet., definition of “In”; Webster’s Diet., definition of “Within”; 2 Parsons, Cont. § 527; 30 Ark. 186; 82 Tex. 553, 559; 32 Md. 37. So with the preposition “at.” 1 Ark. 171, 180, 181; 3 Cranch (C. C.), 599, 606; 1 Bish. Dir. & Forms, § 80; 1 Bish. Cr. Pro. § 378; 30 Tex. App. 416; 53 L. J. Q. B. 437; 91 U. S. 348; 72 Miss 960; 81 Me. 63; 85 Me. 17, 28; 8…
1Opinion of the CourtWood, J.
This suit was to recover of one T. J. Rogers $2,500, the amount of a subscription to the Methodist Episcopal Church, South, alleged to have been given for the purpose of locating, building and maintaining a female college at the town of Searcy. The defense was that the promise was made on three conditions, viz: (1) “That three citizens of Searcy, other than himself, should subscribe $2,500 each; (2) that an aggregate of not less than $25,000 should be subscribed by the citizens of Searcy; and (3) that the college should be located within the then corporate limits of the town of Searcy,”…
2Cases cited18 opinions
- Cottage Street Methodist Episcopal Church v. KendallMassachusetts Supreme Judicial Court · 1877
- Barnes v. . PerineNew York Court of Appeals · 1854
- Richelieu Hotel Co. v. International Military Encampment Co.Illinois Supreme Court · 1892
- Snell v. Trustees of the Society of the Methodist Episcopal ChurchIllinois Supreme Court · 1871
- Twenty-Third Street Baptist Church v. CornellNew York Court of Appeals · 1890
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3Cited by34 opinions
- Harris v. TheusSupreme Court of Alabama · 1907
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- County of Los Angeles v. HannonCalifornia Supreme Court · 1910
- Brownfield v. BookoutSupreme Court of Arkansas · 1921
- Kramer v. StateNevada Supreme Court · 1940
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