Inhabitants of Cape Elizabeth v. Lombard
Supreme Judicial Court of Maine
On exceptions. Assumpsit, to recover the amount paid by the plaintiff town, for the support of the defendant, a resident of said town, at the hospital for the insane at Augusta, Maine, where he had been duly committed, and for whose support the plaintiffs were in the first instance liable.
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On exceptions. Assumpsit, to recover the amount paid by the plaintiff town, for the support of the defendant, a resident of said town, at the hospital for the insane at Augusta, Maine, where he had been duly committed, and for whose support the plaintiffs were in the first instance liable. The declaration in the writ is as follows : “In a plea of the case for that the said defendant, at said Cape Elizabeth on the day of the purchase of this writ, being indebted to the plaintiff in the sum of five hundred and eighteen dollars and sixty-five cents, according to the account annexed. George II.…
1Opinion of the CourtPeters, J.
The declaration consists of a count upon an account annexed and an omnibus money count. If the liability of the defendant arises only by force of the statute regulating the support of insane persons at the state hospital, the action in this form could not be sustained. There would be no contract express or implied to found such a style of declaration upon. It is a well established rule of law that, when a statute gives a special remedy upon particular facts, those facts must be specially alleged, Drowne v. Stimpson, 2 Mass. 444. Salem v. Andover, 3 Mass. 438. Bath v. Freeport, 5 Mass. 326.…
2Cases cited5 opinions
- Kinder v. ShawMassachusetts Supreme Judicial Court · 1807
- Bailey v. FreemanNew York Supreme Court · 1809
- Keyes v. StoneMassachusetts Supreme Judicial Court · 1809
- Rider v. RobbinsMassachusetts Supreme Judicial Court · 1816
- Rogers v. Inhabitants of NewburyMassachusetts Supreme Judicial Court · 1870
3Cited by1 opinion
- Carpenter v. Estate of CoulombeSupreme Judicial Court of Maine · 1950