Newton v. Town of Waterford
Supreme Court of Vermont
Assumpsit for the support of a pauper. Plea, the general issue. Trial by court at the June term, 1894, Caledonia county, Tyler, J., presiding. The court held upon the facts found that the plaintiff was not entitled to recover for the pauper’s support, but might recover fifty cents Tor goods purchased for the pauper, and gave judgment accordingly. The plaintiff excepts. The defendant could not terminate the contract without taking the pauper back.
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Assumpsit for the support of a pauper. Plea, the general issue. Trial by court at the June term, 1894, Caledonia county, Tyler, J., presiding. The court held upon the facts found that the plaintiff was not entitled to recover for the pauper’s support, but might recover fifty cents Tor goods purchased for the pauper, and gave judgment accordingly. The plaintiff excepts. The defendant could not terminate the contract without taking the pauper back. Durfey v. Worcester, 63 Vt. 418. There was no accord and satisfaction. Van Dyke v. Wilder, 66 Vt. 579. The receipt of the order worked an accord and…
1Opinion of the CourtRowell, J.
The pauper, plaintiff’s brother, has always been of unsound mind, and incapable of choosing a residence. His father died in Waterford in 1874, where he had lived for many years. He always lived with his father till he died, and then with his mother and the plaintiff till the latter was married in 1880, and then with the plaintiff. He was supported thus in Waterford till March, 1891, when the defendant’s overseer of the poor agreed with the plaintiff to pay him one dollar and fifty cents per week towards the pauper’s support, and payment at that rate was made quarterly for a year. At the end…
2Cases cited1 opinion
- Durfey v. Town of WorcesterSupreme Court of Vermont · 1891