Barker v. Wardens & Vestrymen of St. Barnabas Church

Joseph Barker, Jr., executor of the estate of Elizabeth A. Barker, deceased, plaintiff, brought this action against The Wardens and Vestrymen of St. Barnabas Church, defendant, in the municipal court of the City of Omaha, to recover the sum of $1,000, given by plaintiff’s decedent to the “St. Barnabas Church New Building Fund” upon the donee having decided to abandon the project, sell the new site purchased by the funds contributed, return the contributions to those requesting them, and use the remainder for other purposes.

Plaintiff recovered the judgment prayed for in the municipal court. On…