Trustees of Methodist Episcopal Church v. Garvey
Illinois Supreme Court
Writ op Error to the Circuit Court of Sangamon county ; the Hon. Benjamin S. Edwards, Judge, presiding. This was an action of assumpsit, brought by the trustees of the Methodist Episcopal Church of Illiopolis, against William F. Garvey, to recover upon a subscription. Upon trial in the court below, judgment was rendered for the defendant, and to reverse this judgment the plaintiffs bring the record to this court.
1Opinion of the CourtJustice Lawrence
This was an action brought to recover the sum of twenty-five dollars, which the defendant had subscribed towards the payment of a debt due for the building of a church edifice, in the town of Illiopolis. The evidence shows that the trustees of the church had, in their corporate capacity, but on the faith of the subscription list, borrowed money, with which to pay the church debt.
It is admitted by counsel for the defendant, that where a person subscribes to a public enterprise, and work • is done, money expended, or liability incurred, on the faith of such subscription, it becomes binding.…
2Cases cited1 opinion
- McClure v. WilsonIllinois Supreme Court · 1867
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- Maryland National Bank v. United Jewish Appeal Federation of Greater Washington, Inc.Court of Appeals of Maryland · 1979
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