Bryson

This is an appeal from a judgment for plaintiff on a note representing a $200,000 sub scription to an endowment fund for the University of Southern California.

Sarah P. Livingston executed and delivered to the University the following note:

The entire fund of $1,000,000 was subscribed before June 12, 1918. Notice of an acceptance of the Livingston subscription was sent to her. Relying upon the payment of these notes, an administration building was commenced, college courses enlarged and obligations incurred by the university. Mrs. Livingston died May 25, 1923. Upon proceedings duly had an administrator of her estate was duly appointed and qualified. June 3, 1924, a verified claim for her note, which was fully described therein, was presented for payment and disallowed June 11, 1924. This action was then commenced and upon trial the court rendered judgment against the defendant for $200,000 and seven per cent interest thereon from June 11, 1924, from which judgment this appeal was perfected.

The appellant contends that (1) the subscription note was without consideration and is therefore nudum pactum (2) the condition of the notes to secure pledges for the aggregate sum of…