Legal Opinion

First Evangelical Lutheran Church v. Gardner

Superior Court of Pennsylvania

Decided April 17, 1905No. Appeal, No. 10PublishedCited by 2 opinions

Appeal, No. 10, March T., 1905, by defendant, from judgment of C. P. Cumberland Co., Nov. T., 1908, No. 33, on verdict for plaintiff in case of The First Evangelical Lutheran Church of the Borough of Carlisle v. John H. Gardner. Assumpsit to recover the amount of a subscription to a church building fund.

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Appeal, No. 10, March T., 1905, by defendant, from judgment of C. P. Cumberland Co., Nov. T., 1908, No. 33, on verdict for plaintiff in case of The First Evangelical Lutheran Church of the Borough of Carlisle v. John H. Gardner. Assumpsit to recover the amount of a subscription to a church building fund. Before E. W. Biddle, P. J. When the defendant was on the stand the following offer was made: We propose to prove by the witness on the stand that prior to the adoption of the resolution which has been offered in evidence of December 14, 1898, Mr. Wile called at the place of business of the…

1Opinion of the Court

Opinion by

Beaver, J.,

The defendant admittedly subscribed the sum of $1,000 for the erection of a church and parsonage for the use of the plaintiff, under conditions set forth in a resolution passed at a congregational meeting December 14, 1898, as follows : “ That to bring this matter before this meeting, I move that the officers of the church be instructed to secure the property at the southeast corner of Main and Bedford streets for the building of a new church, and that they proceed as soon as advisable to erect buildings thereon, provided that three fourths of the probable cost of the…

2Cited by2 opinions

  1. Rebmann EstatePennsylvania Orphans' Court, Montgomery County · 1967
  2. Young Men's Christian Ass'n v. Buckland, Pennsylvania Court of Common Pleas, Montgomery County1935

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