Cochran v. Inhabitants of Camden
Massachusetts Supreme Judicial Court
This was an action of assumpsit, brought by the plaintiff for the arrears of the salary alleged to be due to him, as minister of the town of Camden.
Read the full summary
This was an action of assumpsit, brought by the plaintiff for the arrears of the salary alleged to be due to him, as minister of the town of Camden. A verdict was taken by consent for the plaintiff, at the sittings here after the last October term, before Jackson, J., for the sum demanded, viz., for the amount of his salary from the 1st of December, J S14, to the 25th of August, 1816, with interest from the time when it was payable ; subject to the opinion of the Court upon the following case, as reported by the judge. The plaintiff, on the 8th of September, 1805, was duly settled and…
1Opinion of the CourtParker, C. J.
The first question in this case is, whether the action is rightly brought against the town ; it having been contended that a town, as such, cannot contract parochially, but that every contract made with a town is, Mrtual), made with it in its parochial capacity, in which alone it can be bound for any ecclesiastical purposes.
* But the objection is founded upon mistaken principles. By the constitution, and by the statutes of the *275government, towns are authorized to choose and contract with their ministers; and by the latter they are required, as well as parishes and other religious societies, to…
2Cases cited4 opinions
- Dillingham v. SnowMassachusetts Supreme Judicial Court · 1809
- Chaddock v. BriggsMassachusetts Supreme Judicial Court · 1816
- Avery v. Inhabitants of TyringhamMassachusetts Supreme Judicial Court · 1807
- Burr v. Inhabitants of the First Parish in SandwichMassachusetts Supreme Judicial Court · 1812
3Cited by1 opinion
- Stearns v. First ParishMassachusetts Supreme Judicial Court · 1838