Goodwin v. Town of East Hartford
Supreme Court of Connecticut
Suit to enjoin the town of East Hartford and its treasurer from paying certain orders drawn upon the latter by the chairman of the highway and bridge commission, brought to the Superior Court in Hartford County and tried to the court, Elmer, J., upon the plaintiff’s demurrer to the defendants’ answer; the court sustained the demurrer and, no further plea or answer being filed, rendered judgment for the plaintiff, and the defendants appealed for alleged errors in the rulings…
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Suit to enjoin the town of East Hartford and its treasurer from paying certain orders drawn upon the latter by the chairman of the highway and bridge commission, brought to the Superior Court in Hartford County and tried to the court, Elmer, J., upon the plaintiff’s demurrer to the defendants’ answer; the court sustained the demurrer and, no further plea or answer being filed, rendered judgment for the plaintiff, and the defendants appealed for alleged errors in the rulings of the court. The amended complaint is as follows:— “ 1. That he (the plaintiff) is, and for many years has been, an…
1Opinion of the CourtAndrews, C. J.
The plaintiff is a citizen and tax-payer of the town of East Hartford. The judgment of the Superior Court enjoined that town, perpetually, from paying four certain orders of like tenor with the one recited in the sixteenth paragraph of the defendants’ answer. If the law is so that the town is, in no event, lawfully under obligation to pay those orders, then the demurrer was properly sustained and the judgment is correct.
It will simplify the discussion if we keep distinctly in mind from the outset, that the town is not liable as the maker or drawer of the orders. An inspection of the order so…
2Cases cited4 opinions
- Mayor v. RaySupreme Court of the United States · 1874
- Coler v. CleburneSupreme Court of the United States · 1889
- Farrel v. Town of DerbySupreme Court of Connecticut · 1889
- Dibble v. Town of New HavenSupreme Court of Connecticut · 1888
3Cited by8 opinions
- O'Connor v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1936
- National Shawmut Bank v. City of WatervilleMassachusetts Supreme Judicial Court · 1934
- Cackowski v. Jack A. Halprin, Inc.Supreme Court of Connecticut · 1945
- Samstag Hilder Brothers v. OttenheimerSupreme Court of Connecticut · 1916
- City of Gallup v. New Mexico State Park & Recreation CommissionNew Mexico Supreme Court · 1974
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