Pryor v. Cain
Illinois Supreme Court
This suit was brought on an account for money paid for the use of defendant — money due on note, and money due on subscription for building a church — before a justice of the peace, and taken by appeal to the Circuit Court of Adams county. The jury found for the plaintiffs the amount of the note only. Motion by plaintiffs for a new trial; motion overruled, and judgment entered for plaintiffs for thirty-one, fifty-hundredths dollars, amount of said note only.
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This suit was brought on an account for money paid for the use of defendant — money due on note, and money due on subscription for building a church — before a justice of the peace, and taken by appeal to the Circuit Court of Adams county. The jury found for the plaintiffs the amount of the note only. Motion by plaintiffs for a new trial; motion overruled, and judgment entered for plaintiffs for thirty-one, fifty-hundredths dollars, amount of said note only. Plaintiffs excepted. The plaintiffs read in evidence to the jury a promissory note of the defendant for thirty dollars. And thereupon…
1Opinion of the CourtBreese, J.
There can be no doubt in this case as to the law.
It is well settled that when a person subscribes, with others, a sum of money to carry on some common project, lawful in itself, and supposed to be beneficial to the projectors, and money is advanced on the faith of the subscription, an action for money paid, laid out and expended, may be maintained to recover the amount of the subscription, or such portion of it as will be equal to the subscriber’s portion of the expense incurred. Holmes v. Dana, 12 Mass. 190; Farmington Academy v. Allen, 14 ib. 172; Bryant v. Goodenow, 5 Pickering, 228;…
2Cases cited1 opinion
- Homes v. DanaMassachusetts Supreme Judicial Court · 1815
3Cited by7 opinions
- Estate of Beatty v. Western College of ToledoIllinois Supreme Court · 1898
- Stone v. Great Western Oil Co.Illinois Supreme Court · 1866
- McClure v. WilsonIllinois Supreme Court · 1867
- Smith v. PackardCourt of Appeals for the Seventh Circuit · 1900
- Whitsitt v. Trustees of Preëmption Presbyterian ChurchIllinois Supreme Court · 1884
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