Town of Benson v. Hitchcock
Supreme Court of Vermont
This was an appeal from the decision and report of the commissioners of claims against the estate of Eliza Abell, by which certain claims in favor of the town of Benson, the appellant, against the estate of the intestate were disallowed; and, on the taking of tli§ appeal, tlie appellant filed in the probate court a declaration on book account against tbe intestate.
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This was an appeal from the decision and report of the commissioners of claims against the estate of Eliza Abell, by which certain claims in favor of the town of Benson, the appellant, against the estate of the intestate were disallowed; and, on the taking of tli§ appeal, tlie appellant filed in the probate court a declaration on book account against tbe intestate. The case was referred to an auditor who reported ip substance, that the plaintiff presented a book of records of the town of Benson, in which is recorded the accounts of overseers of the poor, and other accounts; and interspersed…
1Opinion of the CourtPeck, J.
The intestate, if liable, must be liable upon the ground of a contract express or implied. The auditor finds that-what the town furnished for her support was furnished as for other poor persons in the town of Benson standing in need of relief. This finding is in reference to the principal portion of the plaintiff’s claim. No charges were ever made against the intestate for what the town thus furnished for support, but the amount was picked out at the hearing from the records of accounts of overseers of the poor in the town clerk’s office. This rebuts the presumption and repels the idea of a…
2Cited by5 opinions
- Montgomery County v. GuptonSupreme Court of Missouri · 1897
- County of Brown v. PenkertSupreme Court of Minnesota · 1925
- Fairbanks v. BenjaminSupreme Court of Vermont · 1877
- Chariton County v. HartmanSupreme Court of Missouri · 1905
- Stewart's EstateSuperior Court of Pennsylvania · 1909