Colebrook v. Stewartstown
Superior Court of New Hampshire
Assumpsit, for supplies furnished to Joseph Chase and his family, paupers, chargeable to the town of Stewartstown. The evidence to prove notice, or a waiver of notice, was contained in the following written agreement.
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Assumpsit, for supplies furnished to Joseph Chase and his family, paupers, chargeable to the town of Stewartstown. The evidence to prove notice, or a waiver of notice, was contained in the following written agreement. “ We, the subscribers, in behalf of the town, hereby acknowledge notice to have been given us, by the selectmen of Colebrook, in relation to the support of the family of Joseph Chase, for which said selectmen of Colebrook claim payment of us; and we engage to take no advantage of notice, provided we are now liable by law to support said family; we will not hold them to furnish…
1Opinion of the CourtGilchrist, C. J.
It is difficult to see on what ground it can be held that there is any variance in this case. The action is brought to recover for supplies furnished to Emily Chase, the wife of Joseph Chase, and four children, whose names are mentioned in the writ. It appears that these four children and another were living with their mother, but the plaintiffs were under no obligation to bring a suit for the supplies furnished to the child not named in the writ. The selectmen of Stewartstown acknowledged that they *82had received notice “ in relation to the support of the family of Joseph Chase.” Who…
2Cases cited1 opinion
- Hopkinton v. SpringfieldSuperior Court of New Hampshire · 1841