Legal Opinion

Gowen v. Nowell

Supreme Judicial Court of Maine

Decided August 15, 1821PublishedCited by 2 opinions

Belt on bond. Upon oyer of the condition it appeared that the defendant and divers others, styling themselves members of the first Baptist Society in Sanford, being assessed for the support of the congregational parish and ministry in that town, against their religious principles, which taxes they were “determined not to pay unless compelled thereto by law”, hound themselves to pay each one his proportion of the expenses of defending any suit which might be commenced against…

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Belt on bond. Upon oyer of the condition it appeared that the defendant and divers others, styling themselves members of the first Baptist Society in Sanford, being assessed for the support of the congregational parish and ministry in that town, against their religious principles, which taxes they were “determined not to pay unless compelled thereto by law”, hound themselves to pay each one his proportion of the expenses of defending any suit which might be commenced against any one of their number for such taxes, and of any other legal mode of resisting the payment thereof; provided the…

1Opinion of the Court

Mellen C. J.

The payment of the bond in this case is resisted on the ground that the condition is against law, and void ; as it was intended to give the plaintiff a reimbursement of expenses which were expected to be incurred in defending one or more suits, under such circumstances as would render all concerned in giving him aid, and furnishing him with pecuniary means, guilty of the crime of maintenance. If this be true, the action cannot be supported.. It may be remarked in the first place that the condition contains a declaration of the obligors that they were determined not to pay certain…

2Cases cited1 opinion

  1. Swett v. PoorMassachusetts Supreme Judicial Court · 1814

3Cited by2 opinions

  1. Quigley v. ThompsonIndiana Supreme Court · 1876
  2. Davies v. StowellWisconsin Supreme Court · 1890

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