White v. Inhabitants of Levant
Supreme Judicial Court of Maine
On motion to set aside the verdict. Assumpsit for services and expenses as town agent. Was the town of Levant, through its agents, justified in appearing with witnesses to show cause why the prayer of the petitioners should not be granted, and to pay for the town money necessary for the production of such Avitn esses, and the defense of the suit Kenduskeag v. Levant? For it is an elementary principle of law too familiar to repeat that " quifacit per aliam qui facü per se,”…
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On motion to set aside the verdict. Assumpsit for services and expenses as town agent. Was the town of Levant, through its agents, justified in appearing with witnesses to show cause why the prayer of the petitioners should not be granted, and to pay for the town money necessary for the production of such Avitn esses, and the defense of the suit Kenduskeag v. Levant? For it is an elementary principle of law too familiar to repeat that " quifacit per aliam qui facü per se,” and that " advances made by an agent in the proper execution of a regular authority, are to be repaid by his principal,…
1Opinion of the CourtWalton, J.
The only question we find it necessary to consider is whether one who has accepted a town office to which neither the legislature nor the town has annexed any compensation, can maintain an action to recover compensation for his *569official services. It is well settled that he can not. The compensation of some town officers is provided for by statute. The compensation of assessors, selectmen, and overseers of the poor, is thus provided for. R. S., c. 6, § 102. Such compensation may of course be recovered, whether the town is willing1 to pay it or not. So, if the town has expressly voted a…
2Cited by11 opinions
- Johnson v. BlackSupreme Court of Virginia · 1905
- State ex rel. Troll v. BrownSupreme Court of Missouri · 1898
- Gibbs v. ManchesterSupreme Court of New Hampshire · 1905
- Coggeshall v. ConnerSupreme Court of Oklahoma · 1912
- Board of Com'rs of Oklahoma County v. TwyfordSupreme Court of Oklahoma · 1913
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