Legal Opinion

Town of Middletown v. Town of Berlin

Supreme Court of Connecticut

Decided July 15, 1846PublishedCited by 17 opinions

This was an action of assumpsit, to recover the expense of support furnished by the plaintiffs to Elijah Hubbard 2d, and Anna, his wife, and their five minor children, [naming them,] alleged to be inhabitants of the town of Berlin, who were residing in the town of Middletown, and were destitute of property, and reduced by sickness to want and distress; of all which the defendants had notice.

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This was an action of assumpsit, to recover the expense of support furnished by the plaintiffs to Elijah Hubbard 2d, and Anna, his wife, and their five minor children, [naming them,] alleged to be inhabitants of the town of Berlin, who were residing in the town of Middletown, and were destitute of property, and reduced by sickness to want and distress; of all which the defendants had notice. The cause was tried, on the general issue, at Middletown, February term, 1846, before Church, J. The plaintiffs claimed to have proved, that Elijah Hubbard 2d, mentioned in the declaration, was born in…

1Opinion of the CourtChurch, J.

The first question to be considered arises upon the letter of notice, sent by mail, by the select-men of Middletown, to the select-men of Berlin, informing them, that Elijah Hubbard 2d, and his wife and children, were upon expense in the former town. That this was a legal notice of the condition of Hubbard himself, was admitted ; and the court below considered it good as to his wife also, but was of a different opinion respecting its effect upon the expenses incurred in support of his children.

This entire subject is of statute regulation. We have only to determine what this requires. The 5th…

2Cited by17 opinions

  1. Clegg v. StateTexas Supreme Court · 1874
  2. Connecticut Coke Co. v. City of New HavenSupreme Court of Connecticut · 1975
  3. Congress Bank & Trust Co. v. BrockettSupreme Court of Connecticut · 1930
  4. Hennessy v. DenihanSupreme Court of Connecticut · 1930
  5. Dunn v. FlynnSupreme Court of Connecticut · 1928

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