Hodges v. Nalty

• Decision Date: 07 November 1899
• Citation: 104 Wis. 464,80 N.W. 726
• Parties: HODGES ET AL. v. NALTY.
• Court: Wisconsin Supreme Court

104 Wis. 464

80 N.W. 726

HODGES ET AL.

v.NALTY.

Supreme Court of Wisconsin.

Nov. 7, 1899.

Appeal from circuit court, Green county; John R. Bennett, Judge.

Action by G. T. Hodges and others against Patrick Nalty to recover on a subscription to a church building fund. From an order overruling a demurrer to the complaint, defendant appeals. Affirmed.

This is an appeal from an order overruling a demurrer to the complaint. The action is brought by 10 persons, who are alleged to be members of St. Victor's Church Congregation, of Monroe, Wis., an unincorporated religious society, against the defendant, who is also alleged to be a member of such congregation. The complaint alleges that in January, 1892, the plaintiffs and the defendant and three other persons were selected as a committee to receive and collect subscriptions for the building of a new church for said congregation, and to manage the building thereof, and that it was determined by the parties to this action and the members of said society that it would be necessary to raise about $10,000 therefor; that at a meeting of said committee a resolution was passed to the effect that said committee subscribe to the list to build a church to cost not less than $10,000, and that, if said $10,000 should not be collected, the subscriptions should be null and void; that the defendant was active in encouraging and inducing others to subscribe, and himself subscribed the sum of $1,000, to be paid one half July 1, 1892, and the other half January 1st following; that in signing said subscription he signed as follows: “Nalty Family, $1,000;” that said subscription was made by the defendant, and he thereby undertook to raise for that purpose said sum of $1,000, but did not disclose of whom he intended to collect any part of the sum, but stated and caused it to be understood that he, by himself, or by help of the other members of his family, would raise that amount, and pay the same to the committee, to be used in the construction of said church, and that by said subscription he definitely agreed, in consideration of the subscriptions of others then made and to be made to pay said amount to said committee, to be used in the erection of said church; that said subscription was thereafter widely circulated; and that defendant's subscription, together with others, was used as an inducement to lead many others to subscribe, some of whom signed the subscription list, and others executed promissory notes; that a church was actually erected, costing about $11,000, or more, and that nearly all of the said subscribers paid their subscriptions, relying on the defendant's subscription; that said members of said committee and the other subscribers incurred obligations and liabilities to a large amount for material and labor for said church, and became liable to a large amount therefor, and that all the plaintiffs were subscribers for the same purpose, and paid their subscriptions expecting said defendant to pay his, and relying thereon; that there were a large number of persons who signed said subscription list, or gave notes for the same purpose, and paid their subscriptions, to wit, 75 or more, and that there were also a large number of persons who were members of the society, to wit, 300 or more; that the sum of $10,000 and more was duly collected for the purpose aforesaid, and a church better than the one proposed was duly built by the subscriptions to said fund, and that said defendant thereby became liable to pay the amount subscribed by him for the benefit of said society and its members and said other subscriptions; that the number of persons interested in the collection and distribution of said subscription is very large; that the number of said subscribers is 75 or more, and the number of members of said religious society is 300 or more, and that the said question is one of common interest to many persons, and that it is impracticable and inconvenient to bring them...