Individual Promise

Individual Promise, Subscriptions, Signature

From the book The Clergyman’s Hand-book of Law, about Individual Promise, Subscriptions, Signature (1): An individual promise to give a donation to charity, can not be enforced.415 But subscriptions to build a church or other charitable institution or to pay the salary of a clergyman when signed by more than one person, have been held binding in some cases on the disputed rule of a-promise-for-a-promise consideration.416 In the foregoing cases the donor might revoke his subscription or in case of his death his estate would not be liable.417 However, when expenses have been made or steps taken in the carrying out of the object of the subscriptions, the general rule is that the subscriptions become binding contracts.418 If the object of the subscriptions be abandoned or changed without the consent of the subscriber, he is thereby released. A promissory note given for the subscription, unless negotiated for value in due course of trade, does not change the foregoing rules.419 Where many persons subscribed to build a church and some of them failed to pay, one who paid brought an action on behalf of himself and others and collected the unpaid subscriptions.420 The defendant Nalty signed “Nalty Family, $1,000,” but he was held personally liable.421

Resources

Notes and References

1. Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago

See Also

• Religion
• Church