Gourley v. Allen
Court for the Trial of Impeachments and Correction of Errors
This was an action by a physician against the overseers of the town of Hebron for medical attendance bestowed on paupers, in cases of urgent necessity, but without any actual employment by the overseers, or any promise to pay. The Supreme Court held the overseers liable upon their implied undertaking or legal obligation to provide proper medical aid for paupers. But on error
1Opinion of the Court
The Court of Errors reversed the decision, holding that no action lay against the overseers under such circumstances, though the most pressing necessity might have existed for *3immediate medical assistance ; the services not being ren. dered at the request of the overseers, and they not having promised to pay.
The court also held that the overseers had no right to appropriate the public moneys, &c., for the support of the poor in any case, without a previous order of a justice or justices of the peace.
In Flower v. Allen, 5 Cow. 654, the Court of Errors reversed the judgment of the Supreme…
2Cases cited2 opinions
- Grant v. FancherNew York Supreme Court · 1826
- Flower v. AllenCourt for the Trial of Impeachments and Correction of Errors · 1825