Johnston v. Ewing Female University
Illinois Supreme Court
Appeal from the Circuit Court of Knox county; the Hon. Charles B. Lawrence, Judge, presiding. This was an action of assumpsit instituted in the Circuit Court on the 29th day of August, 1863, by the Ewing Female University against John Johnston, to recover the amount of a subscription made by the defendant for the erection of the university building.
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Appeal from the Circuit Court of Knox county; the Hon. Charles B. Lawrence, Judge, presiding. This was an action of assumpsit instituted in the Circuit Court on the 29th day of August, 1863, by the Ewing Female University against John Johnston, to recover the amount of a subscription made by the defendant for the erection of the university building. The declaration contained the common counts and a special count upon the subscription paper, which was as follows: We, the subscribers, promise and agree to pay to the trustees of the Ewing Female University, an institution of learning, to be…
1Opinion of the CourtJustice Breese
This was an action of assumpsit brought in the Kpox Circuit Court, by the appellee against the appellant to recover the amount of a subscription made by him prior to the incorporation of the company, but in contemplation thereof.
Besides the common counts the declaration counted on the subscription paper, setting it out in fall.
The general issue was filed and several special pleas, which being adjudged bad on demurrer, the defendant filed nine special pleas, to all which, except the ninth, a demurrer was sustained.
The special pleas demurred to, were in substance that the only cause of action…
2Cases cited1 opinion
- Cross v. Pinckneyville Mill Co.Illinois Supreme Court · 1855
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- Snell v. Trustees of the Society of the Methodist Episcopal ChurchIllinois Supreme Court · 1871
- Sedalia, Warsaw & Southern Railway Co. v. WilkersonSupreme Court of Missouri · 1884
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