137 Ga. 698 | Ga. | 1912
The Georgia Baptist Assembly sued'out an attachment against Owenby as a non-resident of the State. A levy was made on certain personalty and realty. The defendant replevied the personalty, and, upon the filing of a declaration on the attachment against him, appeared and pleaded to the merits. The substance of the declaration as amended, after portions thereof had been stricken on demurrer, is as follows: The defendant is indebted to the plaintiff $500 on a subscription paper signed by the defendant and numerous other cosubscribers, a copy of which is: “Blue Bidge, Fannin County, Georgia, March 5, 1908. We, the undersigned citizens of Blue Bidge and vicinity, promise and agree to give the amounts set opposite our names for the purpose of inducing the Baptists to locate their Chautauqua or assembly grounds at Blue Bidge, Georgia.” The amount opposite the defendant’s name is $500. Subsequently to the date of the subscription paper, the subscribers, or nearly all of them, including the defendant (who owned a large amount of real estate in the city of Blue Bidge, where he resided at the time he signed the paper), in order to more successfully accomplish the purposes for which the subscriptions were made, namely, to secure the location of the assembly grounds of the Georgia Baptists in the city of Blue Bidge, had themselves incorporated in this State under the name of the Business Men’s League of Blue Bidge, and soon thereafter organized the corporation, the defendant being one of the original incorporators, and not having since severed his connection with the corporation. Thereafter the plaintiff, having been incorporated as the Georgia Baptist Assembly, and acting upon the inducements offered by the signers of the subscription paper, accepted the offer made therein, and' located its assembly grounds in the city of Blue Bidge. Upon such acceptance, the Business Men’s League of Blue Bidge, in pursuance of a written resolution adopted by it, authorizing its president and secretary so to do, transferred in writing all of its interests in and to such subscription list, which transfer was signed by the president and secretary of the league, the corporate seal being thereto attached. Some of the subscribers have paid their subscriptions in full; others have paid half of the amounts they subscribed; and the money so paid has been invested in certain described lands in
(5) It is not necessary that the payee should be named in the subscription paper; it is sufficient if there is an acceptance by the party intended. 37 Cyc. 483; 27 Am. & Eng. Enc. Law, 276; 1 Page on Contracts, § 51. See cases sustaining the text cited in each of these authorities. In Wilson v. First Pres. Church, 56 Ga. 554, it was held: “A subscription signed by defendant and others in these words: ‘ We, the undersigned, promise to pay the amount set opposite to our several names, to be applied to the completion of the house of worship of the First Presbyterian Church in Savannah,’ . . is a promise to pay the church, it being a corporation, and is valid, being supported by the consideration of mutual promises, and by the fact that the church, on the faith of the subscription, entered upon the work of completing the building.”
Judgment affirmed.