Legal Opinion

Gourley v. Allen

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1825PublishedCited by 5 opinions

■ On error from the Supreme Court. The cause was originally commenced November 13th, 1818, before a justice of the peace of Washington county. In that court, Allen & M’Allister, plaintiffs, sued Gourley & Wood, defendants, who were both served with a summons, returnable the 20th (then) inst.

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■ On error from the Supreme Court. The cause was originally commenced November 13th, 1818, before a justice of the peace of Washington county. In that court, Allen & M’Allister, plaintiffs, sued Gourley & Wood, defendants, who were both served with a summons, returnable the 20th (then) inst. The plaintiffs in that court then declared against the defendants, as overseers of the poor of the town of Hebron, for fifty dollars, or under, for work and labor, as surgeons and physicians, for a pauper, chargeable to the town of Hebron, which the defendants had promised to pay. Plea, the general issue.…

1Opinion of the Court

Colden, Senator, (after stating the facts.)

When this case was opened at our bar, few of us, I believe, considered it of any very great importance. Nor is it so, as to the amount which was originally in question. But it is a case which concerns the poor. It is therefore of great interest. It also regards the liability of public officers, who take upon themselves, almost gratuitously, very benevolent and onerous duties. On these accounts, it is no less deserving care*647ful examination, and attentive consideration, than any other case.

Defendants in error not employed by the plaintiffs, nor did they…

2Cases cited2 opinions

  1. Adams v. Supervisors of Columbia CountyNew York Supreme Court · 1811
  2. Furman v. KnappNew York Supreme Court · 1821

3Cited by5 opinions

  1. State Ex Rel. Scott v. RoperSupreme Court of Missouri · 1985
  2. Foster v. Yates CountyNew York County Court, Yates County · 1937
  3. Ogden City v. Weber CountyUtah Supreme Court · 1903
  4. St. Nicholas Insurance v. HoweThe Superior Court of New York City · 1860
  5. State Ex Rel. Scott v. RoperSupreme Court of Missouri · 1985

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