Trustees of Phillips Limerick Academy v. Davis
Massachusetts Supreme Judicial Court
This was an action of assumpsit, brought to recover the sum of one hundred dollars, being the sum which the defendant subscribed towards the erection of an academy in the town of Limerick, in this county. This cause was tried, October term, 1812, at Alfred, before Thatcher, J., upon the general issue.
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This was an action of assumpsit, brought to recover the sum of one hundred dollars, being the sum which the defendant subscribed towards the erection of an academy in the town of Limerick, in this county. This cause was tried, October term, 1812, at Alfred, before Thatcher, J., upon the general issue. At the trial the plaintiffs produced in evidence an original subscription paper, dated July J, 1808, of the following tenor, viz.: “ Impressed with a sense of the advantages arising from free schools, we, the subscribers, agree to pay, or cause to be paid, the several sums affixed to our names,…
1Opinion of the CourtSewall, C. J.
The plaintiffs were incorporated by an act of the
legislature, passed in November, 1808, subsequent to the date of the promise on which the defendant is charged in this action, brought in the name of the corporation.
Whatever may be the import or effect of this promise, the plaintiffs were not the promisees, the parties recognized by the defendant in his undertaking; for at the time of the promise the corporation had no existence. The promise is * not in [ * 115 ] a negotiable form; and it is not stated to have been in any manner assigned to the plaintiffs by any party, nominal or *112actual; and…
2Cases cited5 opinions
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