Plymouth v. Haverhill
Supreme Court of New Hampshire
Assumpsit, to recover for the support of one Harry Frizzell, alleged to be a pauper. The plaintiff expended $462.03 for the; support of Frizzell between December 16, 1896, and February 15, 1897. The amounts so expended were reasonable and necessary. Forty dollars of this amount was incurred befoie December 22, 1896. The alleged pauper was a minor residing in.
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Assumpsit, to recover for the support of one Harry Frizzell, alleged to be a pauper. The plaintiff expended $462.03 for the; support of Frizzell between December 16, 1896, and February 15, 1897. The amounts so expended were reasonable and necessary. Forty dollars of this amount was incurred befoie December 22, 1896. The alleged pauper was a minor residing in. Plymouth, was poor and unable to support himself, and hadi a settlement in the town of Haverhill derived from his father, William Frizzell. At the time, the father declined to support his son on the ground that he was then unable to do…
1Opinion of the CourtParsons, J.
The first ground urged against the liability of the defendant town under the statute, for the sums paid by the plaintiffs for the support of Harry Frizzell, is that he was not a pauper because his father was of sufficient ability to maintain him. Whether the father was or was not of sufficient ability, is a question of fact. Poplin v. Hawke, 8 N. H. 305; Moultonborough v. Tuftonborough, 43 N. H. 316; Litchfield v. Londonderry, 39 N. H. 247, 252.
The finding that at the time the support was furnished the father was unable from his own income to maintain himself and wife, caring for her as her…
2Cases cited3 opinions
- Burns v. MadiganSupreme Court of New Hampshire · 1880
- Hollis v. DavisSupreme Court of New Hampshire · 1875
- Perkins v. Grafton CountySupreme Court of New Hampshire · 1892
3Cited by4 opinions
- Peabody v. Town of HollandSupreme Court of Vermont · 1935
- State v. ByronSupreme Court of New Hampshire · 1918
- Salta v. SaltaSupreme Court of New Hampshire · 1921
- Spinney v. SeabrookSupreme Court of New Hampshire · 1918