Legal Opinion

County of Merrimack v. Kimball

Supreme Court of New Hampshire

Decided June 5, 1882Published

Assumpsit, to recover money paid for board of Woodward at the asylum for the insane. Upon the petition of Woodward’s wife, the court of probate for this county ordered an inquisition, and upon the return thereof decreed him to be an insane person, committed him to the asylum, and appointed the defendant his guardian. Woodward has a wife and children, and property in the hands of the defendant, as guardian, valued at about three thousand dollars.

1Opinion of the CourtCarpenter, J.

Under the act of Dec. 16, 1828 (Laws 1830, p. 305), which provided that a town might recover all sums expended in the support, of a poor person “ of the town, or person chargeable by law with the maintenance of such poor person,” it was held that no action would lie in favor of the town against the person relieved. Charlestown v. Hubbard, 9 N. H. 195, decided in 1838. The earliest legislation on the subject of commitments to the asylum for the insane is found in the Revised Statutes, which went into effect in 1843. By section 15 of chapter 10 it was provided that “ any insane person committed…

2Cases cited3 opinions

  1. Inhabitants of Medford v. LearnedMassachusetts Supreme Judicial Court · 1819
  2. Knox v. HookMassachusetts Supreme Judicial Court · 1815
  3. Selectmen of Bennington v. McGennesSupreme Court of Vermont · 1790

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