Burnham v. Town of Strafford
Supreme Court of Vermont
This case was tried at the June Term, 1880, Powers, J., presiding. Action, general assumpsit. Trial by jury. The court directed a verdict for the defendant on the plaintiff's testimony.. The evidence and facts are substantially set forth in the opinion of the court, except the following order: The Treasurer of Strafford will pay Polly C. Bugbee three hundred dollars out of any money in the Treasury of said town, not otherwise appropriated, for money borrowed.
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This case was tried at the June Term, 1880, Powers, J., presiding. Action, general assumpsit. Trial by jury. The court directed a verdict for the defendant on the plaintiff's testimony.. The evidence and facts are substantially set forth in the opinion of the court, except the following order: The Treasurer of Strafford will pay Polly C. Bugbee three hundred dollars out of any money in the Treasury of said town, not otherwise appropriated, for money borrowed. Royal Burnham, April 9,1871. Charles Day, Albert Hilliard, Selectmen. The rule as to voluntary payments and the reason for it, is well…
1Opinion of the Court
*612The opinion of the court was delivered by
Ross, J.
On the plaintiff’s testimony the County Court ordered a verdict for the defendant. This was error if his testimony fairly tended to show a legal right of recovery on any ground. In such a case he would be entitled to have the jury pass upon the sufficiency of his evidence to establish his right of recovery. The plaintiff’s testimony tended to show that in 1871, 1872 and 1878 he was one of the selectmen of the defendant town, and as such, with the knowledge and approval of the other two selectmen, he, in 1871, procured for the town, of Polly…
2Cases cited2 opinions
- Taggart v. RiceSupreme Court of Vermont · 1864
- Wheatley v. WaldoSupreme Court of Vermont · 1863
3Cited by5 opinions
- Town of New Haven v. WestonSupreme Court of Vermont · 1913
- Hoyt v. HoytSupreme Court of Vermont · 1905
- Meacham v. Town of NewportSupreme Court of Vermont · 1897
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- Weidner v. City of RichmondIndiana Court of Appeals · 1929