Smith v. Williams
New York County Courts
Appeal from, justice court. Action by John A. Smith against Herbert Williams and Charles F. Gittens, as overseers of the poor of the town of Hempstead, to recover for care and nursing furnished by plaintiff to a pauper. There was a judgment in favor of plaintiff, and defendants appeal. Reversed.
1Opinion of the CourtGarretson, J.
We are unable to apprehend the theory upon which this action was brought, tried, and carried on to judgment, unless it be that the defendants were liable upon an implied contract for the care and nursing rendered by the plaintiff to George Bedell. It must be conceded that there was no express contract creating the liability, for it is not alleged or proven that the plaintiff acted at the request of either defendant. The provisions of the Revised Statutes relative to the support of the poor, and kindred enactments, create the right of indigent persons and paupers to avail themselves of the…
2Cases cited2 opinions
- Palmer v. VandenberghNew York Supreme Court · 1829
- Minklaer v. RockfellerNew York Supreme Court · 1826
3Cited by2 opinions
- Foster v. Yates CountyNew York County Court, Yates County · 1937
- In re BonezNew York City Family Court · 1966