Hall v. City of Virginia

Citations

• 91 Ill. 535

Syllabus

<p>1. Subscription—parties—who may sue upon a subscription, when no payee is named. A subscription of money for the purpose of erecting a building to be donated to a county, with no payee or promisee named, may be enforced by and in the name of any person or corporation furnishing money and erecting the building on the faith of the same. Such person becomes the proper promisee or payee.</p> <p>2. Same—whether conditional. A subscription for the purpose of building a house in a public square of a city, to be donated to the county in the event of the removal of the county seat to such city, is not a conditional subscription, dependent upon the fact of the donation to the county.</p> <p>3. Same—what would amount to a donation. But if, in such case, the actual donation were essential to render the subscription binding, a lease to the county for ninety-nine years without the payment of rent, would be regarded as a donation.</p> <p>4. Same—illegal issue of bonds by a city to carry out the purpose of the subscription. Where a city, on the faith of subscriptions for the purpose of building a court house to be donated to the county, issues corporate bonds, upon which it raises money, which is devoted to the purpose of the subscription, a subscriber, when sued for his subscription by the city, can not be allowed to show in defence that the city exceeded its corporate powers in issuing its bonds to raise the money. That is a question alone between the city and the holders of the bonds.</p> <p>5. Interest—when allowable on subscriptions. Interest on a subscription for the purpose of erecting a building is not recoverable without proof of the time the money was expended on the faith of it, and when the building was erected.</p> <p>6. Agreed state of facts—presumption. Where a case comes to this court upon an agreed statement of facts, such statement takes the place of a bill of exceptions, and this court will not presume other evidence not therein stated was heard which might af