Cottage Street Methodist Episcopal Church v. Kendall
Massachusetts Supreme Judicial Court
Contract to recover the amount of a subscription by Amos P. Rollins, the defendant’s testator, towards the erection of a chapel for the plaintiff.
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Contract to recover the amount of a subscription by Amos P. Rollins, the defendant’s testator, towards the erection of a chapel for the plaintiff. Trial in the Superior Court, without a jury, before Pitman, J., who allowed the following bill of exceptions : “ It appeared that said church was organized in the manner shown by the records, and the trustees of the same chosen April 5, 1871, and said Rollins was chosen the treasurer of said trustees, and said church was reorganized, on account of some flaw in the organization, in August, 1872, with the same board of trustees—all of which appears…
1Opinion of the CourtGray, C. J.
The performance of gratuitous promises depends wholly upon the good will which prompted them, and will not be enforced by the law. The general rule is that, in order to support an action, the promise must have been made upon a legal consideration moving from the promisee to the promisor, Exchange Bank v. Rice, 107 Mass. 37. To constitute such con*530sideration, there must be either a benefit to the maker of the promise, or a loss, trouble or inconvenience to, or a charge or obligation resting upon, the party to whom the promise is made.
A promise to pay money to promote the objects for which a…
2Cases cited4 opinions
- Exchange Bank v. RichMassachusetts Supreme Judicial Court · 1871
- Carr v. National Security BankMassachusetts Supreme Judicial Court · 1871
- Athol Music Hall Co. v. CareyMassachusetts Supreme Judicial Court · 1875
- Tipton v. ChambersCourt of Appeals of Kentucky · 1859
3Cited by63 opinions
- Marine Contractors Co. Inc. v. HurleyMassachusetts Supreme Judicial Court · 1974
- Des Rivieres v. SullivanMassachusetts Supreme Judicial Court · 1924
- Estate of Beatty v. Western College of ToledoIllinois Supreme Court · 1898
- Snow v. AlleyMassachusetts Supreme Judicial Court · 1887
- Presb. Church of Albany v. . CooperNew York Court of Appeals · 1889
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