New Hampton Institution v. Northwood School District
Supreme Court of New Hampshire
Assumpsit. Five actions, in which the plaintiff, an approved school within the meaning of section 4, chapter 96, Laws 1901, seeks to recover in each suit the tuition of one child for the school year of 1903-04. The defendants in each case are the school district in which the pupil lived with his father, the father, and the child.
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Assumpsit. Five actions, in which the plaintiff, an approved school within the meaning of section 4, chapter 96, Laws 1901, seeks to recover in each suit the tuition of one child for the school year of 1903-04. The defendants in each case are the school district in which the pupil lived with his father, the father, and the child. All the children had taken a four years’ course at an approved school before their parents sent them to New Hampton Institution, one having graduated in 1901, two in 1902, and two in 1903. The school district paid nothing for the pupil who graduated in 1901, but paid…
1Opinion of the CourtYoung, J.
As the facts are understood, the instruction for which the New Hampton Institution seeks to recover was furnished to the children under a contract between the Institution and the children’s parents. If that is the fact, the Institution can recover from the parents, but not from the children ; for it is not found that the children either requested the Institution to instruct them, or promised to pay for the instruction furnished. If, however, the instruction was not furnished by virtue of any contract, express or implied, between the Institution and the parents, — that is, if it was understood…
2Cases cited2 opinions
- Concord Coal Co. v. FerrinSupreme Court of New Hampshire · 1901
- Sanborn Seminary v. NewtonSupreme Court of New Hampshire · 1904
3Cited by2 opinions
- Associated Schools of Independent District No. 63 v. School District No. 83Supreme Court of Minnesota · 1913
- Parker v. LyndeboroughSupreme Court of New Hampshire · 1918