Estey v. Inhabitants of Westminster
Massachusetts Supreme Judicial Court
Contract on an account annexed for “ thirty dollars advanced to procure soldiers for the town quota in 1864,” and alleged to be due to the plaintiff “ in accordance with a vote of the inhabitants of Westminster passed April 9, 1866.” At the trial in the superior court, before Morton, J., without a jury, the plaintiff’s contribution of the amount for the purpose alleged was admitted; and it appeared in evidence that the whole amount of contributions by private citizens for…
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Contract on an account annexed for “ thirty dollars advanced to procure soldiers for the town quota in 1864,” and alleged to be due to the plaintiff “ in accordance with a vote of the inhabitants of Westminster passed April 9, 1866.” At the trial in the superior court, before Morton, J., without a jury, the plaintiff’s contribution of the amount for the purpose alleged was admitted; and it appeared in evidence that the whole amount of contributions by private citizens for the same purpose was three thousand dollars, which was paid to the chairman of the selectmen, who disbursed it; that at a…
1Opinion of the CourtBigelow, C. J.
This action cannot be maintained. The plaintiE voluntarily gave a sum of money for an object for which the town could not, at the time of the gift, lawfully have raised or paid money. There was, therefore, no legal obligation resting on the town to repay it, nor would an agreement to repay it, after it had been received and passed into the full possession of the town, have been supported by a sufiicient consideration. The consideration was past and executed.
The case does not fall within the principle that a promise founded on an executed consideration will be held valid, if a precedent…
2Cited by4 opinions
- Frey v. City of Fond du LacWisconsin Supreme Court · 1869
- Lawrence v. McAlvinMassachusetts Supreme Judicial Court · 1872
- Perkins v. Inhabitants of MilfordSupreme Judicial Court of Maine · 1871
- Lewis v. ShreveportU.S. Circuit Court for the District of Louisiana · 1878