Swift v. Town of Elmore
Supreme Court of Vermont
Special assumpsit to recover a bounty. Plea, the general issue, and trial by jury, December term, 1870, Redfield, J., presiding.
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Special assumpsit to recover a bounty. Plea, the general issue, and trial by jury, December term, 1870, Redfield, J., presiding. The plaintiff offered the certified copy of the warning, and vote of the defendant town — the warning dated February 15th, 1864, and the town meeting, March 1st, 1864. The vote was as follows : “ Voted to pay a bounty of f200 to each drafted man that has gone into the service from this town and is now in the service, has or shall die in the service, or shall be honorably discharged therefrom.” The plaintiff proved that he was a resident of the town of Elmore on the…
1Opinion of the Court
The opinion of the court was delivered by
Eoss, J.
If the vote of the defendant town, March 1,1864, to pay a bounty of $200 to each drafted man that had gone into the service from that town, and was then in the service, completed a contract, binding upon the town, to pay the plaintiff the sum voted, the defendant could not discharge the obligation thus assumed, by a subsequent vote; rescinding the former vote. Seymour v. Marlboro, 40 Vt., 171; Cox v. Mt. Tabor, 41 Vt., 28 ; Haven v. Ludlow, 41 Vt., 418 ; Laughton v. Putney, 43 Vt., 485.
If the services of the plaintiff, though constrained, and…
2Cases cited4 opinions
- Cox v. Town of Mount TaborSupreme Court of Vermont · 1868
- Seymour v. Town of MarlboroSupreme Court of Vermont · 1868
- Haven v. Town of LudlowSupreme Court of Vermont · 1868
- Laughton v. Town of PutneySupreme Court of Vermont · 1871