Rindge v. Lamb
Supreme Court of New Hampshire
Assumpsit, to recover for over-payment to tlie defendant for liis services as selectman of Bindge. At the annual meeting in 1864, under a proper article in the warrant, the town voted that the selectmen be paid $1.50 for each day’s services. From 1864 to 1875 the selectmen charged and were paid for their services at that rate, their accounts being audited and allowed, by vote of the town, at the end of each year.
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Assumpsit, to recover for over-payment to tlie defendant for liis services as selectman of Bindge. At the annual meeting in 1864, under a proper article in the warrant, the town voted that the selectmen be paid $1.50 for each day’s services. From 1864 to 1875 the selectmen charged and were paid for their services at that rate, their accounts being audited and allowed, by vote of the town, at the end of each year. Tlie defendant was one of the selectmen in 1874, and charged and received pay for his services at the rate of $1.50 per day, his account being allowed by vote of the town at the…
1Opinion of the CourtSmith, J.
It being conceded at the trial that the defendant knew of the vote of 1864 when elected to the office of selectman, we think the evidence offered by the defendant was properly rejected. When he accepted a reflection in 1875, the town had a right to presume he would serve them upon the same terms as in 1874, and that they were assuming no legal obligation to pay him any larger price. N. H. Iron Factory Company v. Richardson, 5 N. H. 294. The vote of the town was an offer to pay $1.50 per day as compensation, and the acceptance of the office with knowledge of the vote was an acceptance of that…
2Cited by3 opinions
- Kondrat v. Freedom School BoardSupreme Court of New Hampshire · 1994
- Moynihan v. HickeyDistrict Court, D. New Hampshire · 1986
- Stone v. TowneSupreme Court of New Hampshire · 1891