Ballard v. Inhabitants of Greenbush
Supreme Judicial Court of Maine
Two actions were brought against the town of Greenbush, in the name of John Ballard on town orders, one for the benefit of It. Hutchinson, and the other for the benefit of A. Lang. The orders were of a similar character, and the same principles were involved in the decision in each case. They were therefore treated by the Court as but one.
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Two actions were brought against the town of Greenbush, in the name of John Ballard on town orders, one for the benefit of It. Hutchinson, and the other for the benefit of A. Lang. The orders were of a similar character, and the same principles were involved in the decision in each case. They were therefore treated by the Court as but one. To support the action, the plaintiff, in one case, read to the jury a town order of which the following is a copy: — “ To Henry Campbell, treasurer of the town of Greenbush, or his successor in that office. Please pay Mr. John Ballard thirty-nine dollars,…
1Opinion of the Court
The opinion of the Court was by
Shepley J.
These suits are upon town orders drawn by the selectmen on the treasurer of the town of Grecnbusli, and payable to the plaintiff. The defendants introduced a memorandum in writing, subscribed by the plaintiff on May 25, 1842, by which he admits, that payment was made to him, while the orders were in his possession, and directs the suit to be discontinued.
Richard Hutchinson, claiming to be the party plaintiff in interest in the suit upon the order made on November 7, 1836, proved, that it was received from the town treasurer, on May 12, 1840, in part…
2Cases cited1 opinion
- Havens v. HuntingtonNew York Supreme Court · 1823