Townsend v. Hoyle
Supreme Court of Connecticut
This was an action of assumpsit, brought by Amos Townsend, jun., as treasurer of the city of New-Haven, to recover of the defendants the damages assessed for the laying-out of St. John street in that city. The cause was tried, on the general issue, at New-Haven, January term, 1849. In support of the undertaking set forth in the declaration, the plaintiff introduced the following writing, signed by the defendants: “Mayor, aldermen and common council.
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This was an action of assumpsit, brought by Amos Townsend, jun., as treasurer of the city of New-Haven, to recover of the defendants the damages assessed for the laying-out of St. John street in that city. The cause was tried, on the general issue, at New-Haven, January term, 1849. In support of the undertaking set forth in the declaration, the plaintiff introduced the following writing, signed by the defendants: “Mayor, aldermen and common council. We, your petitioners, would ask your honourable body to lay out St. John street, and, by appraisers, according to law, to rate and value all…
1Opinion of the CourtEllsworth, J.
Of the several objections which are made in this case, there is only one that is attended with serious difficulty; and that is, sueing in the name of Townsend, the treasurer.
The promise was made to the city of New-Haven, and not to this plaintiff; nor has he any interest in the fulfillment of it, to be entitled to damages for its breach. Although the promise is to pay him, it is neither made with him, nor on his account; and without one or the other of those requisites. *6we know of no law that will permit Townsend to sue for himself, or for the city, in his name.
This principle was established…
2Cases cited3 opinions
- Gilmore v. PopeMassachusetts Supreme Judicial Court · 1809
- Buckbee v. BrownNew York Supreme Court · 1839
- Bainbridge v. DownieMassachusetts Supreme Judicial Court · 1810
3Cited by20 opinions
- Koehler & Lange v. HillSupreme Court of Iowa · 1883
- Atchison, T. & S. F. Ry. Co. v. StateSupreme Court of Oklahoma · 1911
- Culbertson & Blair Packing & Provision Co. v. City of ChicagoIllinois Supreme Court · 1884
- Atkinson v. City Council of NewtonMassachusetts Supreme Judicial Court · 1897
- Electric Plaster Co. v. Blue Rapids City TownshipSupreme Court of Kansas · 1908
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