Sanborn v. Town of Deerfield
Superior Court of New Hampshire
Where a town is indebted te several individuals, and the debts are due, and of such a character that they should be paid, the town is liable to a selectman, who discharges them in behalf of the town. - If part of them are due to one selectman, and he pays the residue to the other creditors, and receives a negotiable note from the two remaining selectmen to the amount of all the debts, which note one of the two afterwards pays, that one may recover the amount from the town in…
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Where a town is indebted te several individuals, and the debts are due, and of such a character that they should be paid, the town is liable to a selectman, who discharges them in behalf of the town. - If part of them are due to one selectman, and he pays the residue to the other creditors, and receives a negotiable note from the two remaining selectmen to the amount of all the debts, which note one of the two afterwards pays, that one may recover the amount from the town in an action in his own name alone. Selectmen are general agents for towns, in respect to pecuniary matters, and unless…
1Opinion of the CourtWoodbury, J.
The decision of this cause depends on the extent of those general powers, which are by law entrusted to selectmen. •
Tl e only statute, defining those powers, was passed February 8th, 1791(1) * and it provides, that46 selectmen shall have the ordering and managing of all the prudential affairs” of their respective towns.
The nature of town corporations is such, that many of their acts must be performed by agents. The members cannot with convenience often assemble ; and as the economy of towns, in respect to their various interests, requires constant superin.endcnce, it became proper for the…
2Cited by5 opinions
- Rhobidas v. ConcordSupreme Court of New Hampshire · 1899
- Girard v. Town of AllenstownSupreme Court of New Hampshire · 1981
- Andover v. GraftonSuperior Court of New Hampshire · 1834
- Carlton v. BathSuperior Court of New Hampshire · 1851
- Piper v. MeredithSupreme Court of New Hampshire · 1970