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· 1/15/1870

Trustees of Methodist Episcopal Church v. Garvey

Citations

  • 53 Ill. 401

Syllabus

<p>1. Subscription—when binding. Where a party subscribed towards the payment of a debt due for the building of a church edifice, and the trustees of the church, afterward, in their corporate capacity, but on the faith of the subscription list, borrowed money to pay the church debt, it was held, tha, the payment of such subscription could be enforced, as coming within the rule that where a person subscribes to a public enterprise, and work is done, money expended or liability incurred, on the faith of such subscription, it becomes binding.</p> <p>2. And the fact that the trustees used the money, so borrowed, to discharge a pre-existent debt does not change the fact that they incurred a new and different liability.</p>

Judges: Lawrence

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