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A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

s 1.

To sign one's ov.n name beneath or at the end of an instrument; also, to write one's name as attesting witness. ^ To set one's hand to a wi-iting.' The purpose of a law requiring the subscription to a will to be at the end of the paper is to prevent fraudulent additions before or after execution, and a statute of wills should be so construed as to accomplish this purpose.* The subscribmg witnesses to a deed being dead, the execution is to be established by prooi of their handwriting.* A summons issued by an attorney with his name printed at the end of the paper, is subscribed by him.'"

See Attest; Hand, 3: Sign; Witness. 2.

To agree in writing to furnish a sum of money, or its equivalent, for a designated purpose; as, to assist a charitable or religious object, or to take stock in a corporation. Applied to a contract for stock in a railroad company, has a definite technical sense, including the idea of a promise to pay the 549-51 (1888), Miller, J., approving the statement of the doctrine in Gadsden v. Brown, Speer, Eq. 41 (S. Car.. 18i:i). ' Hauser v. King, 76 Va. 733-35 (1882), cases. As to collateral securities, see Exp. Dover, 53 L. T. 131 (1685): 21 Cent. Law J. 460, 464 (1885), cases.

2 Carithers v. Stuart, 87 Ind. 433 (ISSS), cases. « Gerrish v. Bragg, 55 Vt. 337 (1883). See generally Wadsworthu Lyon, 93 N. T. 214 (1883), Gans v. Thieme, ib. 225, 232 (1883); Hampton v. Phipps, 108 U. S. 263-66 (1883), cases; Dering v. Earl of Winchelsea, 1 Cox, 318 (1787)': 1 W. & T. Ld. Cas. Eq 120-88, cases; 25 Am. Law Reg. 465-68 (1886), cases; 20 Cent. Law J. 472-73 (1888), cases; 2 Colum. Jur. 38. ■■ Phoenix Ins. Co. u Erie, &c. Transportation Co., 117 U. S. 312, 331 (1886), cases; Pearman v. Gould, 42 N. J. E. 9-10 (1886), cases.

6 L. sub-scribere, to write under or beneath. • James v. Patten, 6 N. Y. 12 (1851). ' Riley v. Riley, 36 Ala. 502 (1860): Pridgen v. Pridgen, 13 Ired. L. 260 (1852). « Younger v. Duffle, 94 N. Y. 539 (1884), Eari, J. » Stebbinsu Duncan, 108 U. S. 44 (1882), cases.

10 Barnard v. Heydrick, 49 Barb. 62 (1866); Mezchenv.

Herrick v. Morrill, 37 Minn. amount subscribed in the manner agreed upon.i A claim for a " subscription " to stoclc implies that the subscription is a writihg, and it must be set out as written.^ A promise to pay a subscription to a charity is a mere offer, revocable anytime before acceptance — some act whereby a legal liability is incurred or money expended on the faith of the promise. The death of a promisor revokes his oiler; but not so if thereby his co-subscribers would have to pay his subscription.^ Where an advance has been made or an expense or liability incurred by others in consequence of a subscription, before notice given of a withdrawal, the subscription becomes obligatory, provided the advances were authorized by a reasonable dependence on the subscription. When the subscription is made on the condition that it is not to bind unless a specified sum is raised, all subscribers are equally liable, and if some subscribe only to make up the sum or to induce others, they themselves not to be called upon, no subscription is binding. The sum is raised when the subscriptions of solvent and responsible {q.v.) persons are received to the full amount. A seal to each name, or one seal with a written declaration that each subscriber adopts it as his own seal, will preclude a defense on the ground of want of consideration.* A gratuitous subscription cannot be enforced unless the promisee, in reliance on the promise, "has incurred or assumed some liability or obligation.^ An actual manual subscription on the books of a railroad company is not indispensably necessary to bind a municipality as a subscriber to the capital stock. The contract may be effected by the acceptance of a copy of an ordinance or resolution making a subscription on behalf of the municipality.* pee Consideration, 2; Stock, 8 (2); Sdnday.