38 Neb. 577 | Neb. | 1894
This action was brought for the recovery of the full amount pledged by Patrick Egan by his subscription to a written instrument signed by himself and seventy-three other persons, promising to pay such amount as was placed opposite the name of each signer. Opposite the subscription of Mr. Egan were placed the character and figures-“$500.” This written instrument, omitting the several signatures and amount opposite each, was in the following language:
“Lincoln, Nebraska, February 28, 1888.
“ Whereas the Rt. Rev. Thomas Bonaeum, Rev. M. A. Kennedy, John Fitzgerald, William McLaughlin, Patrick Egan, Thomas Heelan, James Daley, James Kelley, F. S. Potvin, James Ledwith, P. W. O’Connor, J. J. Butler, John P. Sutton, A. Halter, and Charles McClave have been appointed a building committee of St. Theresa’s church, in the city of Lincoln and state of Nebraska; and whereas, it is the intention of said building committee to-enlarge the said St. Theresa’s church and to erect a parochial school building in the city of Lincoln and state of Nebraska:
“Now, therefore, we the undersigned, do hereby promise and bind ourselves individually to pay the sum of money placed opposite our individual names, to enable the said committee to carry out their said intentions in reference to-the aforementioned church and school, which sum of money is to be paid in installments as follows: Oné-fifth on demand; one-fifth on the 1st of May; one-fifth on the 1st of July; one-fifth on the 1st of October, and one-fifth on or before the 1st of January, 1889.”
Upon a trial without the intervention of a jury the district court of Lancaster county rendered judgment against Mr. Egan, the plaintiff in error, for the full amount of his subscription with interest. The only question pre
Affirmed.