Garrett Biblical Institute v. American University

D.C. Circuit

Garrett Biblical Institute v. American University

181 F.2d 866, 86 U.S. App. D.C. 342, 1950 U.S. App. LEXIS 2716

CourtCourt of Appeals for the D.C. Circuit

DecidedApril 17, 1950

Docket10449

StatusPublished

This text of 181 F.2d 866 (Garrett Biblical Institute v. American University) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garrett Biblical Institute v. American University, 181 F.2d 866, 86 U.S. App. D.C. 342, 1950 U.S. App. LEXIS 2716 (D.C. Cir. 1950).

Pincite

Opinion

PER CURIAM.

In a suit against appellant Garrett Biblical Institute, appellee American University has obtained what the Institute considers too broad a construction of the University’s control over the use of a fund of $16,000 given the University in 1913-1914 by Annie M. Swift. Cf. Garrett Biblical Institute v. American University, 82 U.S.App.D.C. 265, 163 F.2d 265. The District Court found as a fact that Mrs. Swift gave this fund to the University with no other restriction than that it was to be a memorial to her deceased husband and that its income was to be used for annual fellowships, named in his honor, for graduates of the Institute. This finding appears to be correct and at the very least is not clearly erroneous. It supports the court’s conclusion of law and judgment that there are no other restrictions and that a resolution of the University’s Board of Trustees in 1942, limiting use of the fellowships to study in the University, is valid.

Affirmed.

CLARK, Circuit Judge, dissents.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

In a suit against appellant Garrett Biblical Institute, appellee American University has obtained what the Institute considers too broad a construction of the University’s control over the use of a fund of $16,000 given the University in 1913-1914 by Annie M. Swift. Cf. Garrett Biblical Institute v. American University, 82 U.S.App.D.C. 265, 163 F.2d 265. The District Court found as a fact that Mrs. Swift gave this fund to the University with no other restriction than that it was to be a memorial to her deceased husband and that its income was to be used for annual fellowships, named in his honor, for graduates of the Institute. This finding appears to be correct and at the very least is not clearly erroneous. It supports the court’s conclusion of law and judgment that there are no other restrictions and that a resolution of the University’s Board of Trustees in 1942, limiting use of the fellowships to study in the University, is valid.

Affirmed.

CLARK, Circuit Judge, dissents.

Cite This Page — Counsel Stack

Bluebook (online)

181 F.2d 866, 86 U.S. App. D.C. 342, 1950 U.S. App. LEXIS 2716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrett-biblical-institute-v-american-university-cadc-1950.

Opinion

Related

Cite This Page — Counsel Stack