Legal Opinion

Inhabitants of Arlington v. Lyons

Massachusetts Supreme Judicial Court

Decided June 29, 1881PublishedCited by 5 opinions

Contract. The declaration contained two counts. The first count was to recover $60.42, being one half the amount paid by the plaintiff to the state lunatic hospital at Worcester for the board and other expenses there of the defendant’s insane minor daughter from September 1, 1877, to July 1, 1878, and alleged an express contract on the part of the defendant to pay the same, made at the time of the commitment of the daughter to the hospital.

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Contract. The declaration contained two counts. The first count was to recover $60.42, being one half the amount paid by the plaintiff to the state lunatic hospital at Worcester for the board and other expenses there of the defendant’s insane minor daughter from September 1, 1877, to July 1, 1878, and alleged an express contract on the part of the defendant to pay the same, made at the time of the commitment of the daughter to the hospital. The second count was to recover the sum of $47.91, paid by the plaintiff for the support of the same child at the same place from July 8 to October 1,…

1Opinion of the CourtMorton, J.

By our statutes concerning the state lunatic hospitals, the charges for the support of lunatics not having a settlement in this State are to be paid by the Commonwealth in the first instance, and the same may afterwards be recovered by the treasurer of the Commonwealth of the lunatics themselves, if of sufficient ability to pay the same, or of any person or kindred obligated by law to maintain them, in suits to be instituted by the district attorneys or other prosecuting officers when requested. St. 1862, c. 223, § 11. If the lunatic has a known settlement in this State, whether he is a…

2Cited by5 opinions

  1. Pizer v. HuntMassachusetts Supreme Judicial Court · 1925
  2. McNairy County v. McCoinTennessee Supreme Court · 1898
  3. Treasurer & Receiver General v. SerminiMassachusetts Supreme Judicial Court · 1918
  4. Treasurer & Receiver General v. Town of BourneMassachusetts Supreme Judicial Court · 1931
  5. Board of Commissioners v. RistineIndiana Supreme Court · 1890

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