Hawthorne v. City of Hoboken
Supreme Court of New Jersey
On rule, to show cause why the verdict should not be set aside, &c. This suit is prosecuted in the ñame of the plaintiff, at the instance of one.
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On rule, to show cause why the verdict should not be set aside, &c. This suit is prosecuted in the ñame of the plaintiff, at the instance of one. John M. Board, to recover damages for the refusal of the defendant to issue to the plaintiff city scrip for the sum of $350, which is claimed to be due to the plaintiff as bounty for his enlistment as a volunteer in the service of the United States, to the credit of the city, under the proclamation of the President of the United States, calling for three hundred thousand volunteers, made on the 19th of December, 1864. As an inducement to persons to…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
The resolution of March 18th, 1865, which was not rescinded when the plaintiff's enlistment was made, became, by such enlistment, a contract between the city and the plaintiff for the delivery of the scrip specified in the resolution, for the non-performance of which an action will lie. Grover v. Pembroke, 11 Allen 88; James v. Inhabitants of Scituate, Ib. 93; Steinbergh v. Eden, 41 Vt. 187.
Several reasons were relied ou for setting aside the verdict:
First. That there was no legal evidence of the enlistment and mustering of the plaintiff into…
2Cases cited6 opinions
- Smith v. United StatesSupreme Court of the United States · 1831
- Gilman v. RiopelleMichigan Supreme Court · 1869
- Pacific Insurance v. CatlettCourt for the Trial of Impeachments and Correction of Errors · 1829
- Catlett v. Pacific InsuranceNew York Supreme Court · 1828
- Steinberg v. Town of EdenSupreme Court of Vermont · 1868
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