Inhabitants of Carver v. City of Taunton
Massachusetts Supreme Judicial Court
Contract to recover for aid furnished to Adeline Shurtleff and her five minor children, alleged to be paupers having a settlement in the defendant city.
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Contract to recover for aid furnished to Adeline Shurtleff and her five minor children, alleged to be paupers having a settlement in the defendant city. At the trial in the Superior Court, before Barker, J., it was admitted that Mrs. Shurtleff and her five minor children had a settlement in the defendant city; and it appeared that two notices, dated respectively May 11, 1888, and July 1, 1889, were sent by the overseers of the poor of the plaintiff town to the overseers of the poor of the defendant city, as follows : “ Adeline Shurtleff and three children, whose legal settlement is in your…
1Opinion of the CourtKnowlton, J.
In this case it is an admitted fact, that, at the times when the notices were sent, Adeline Shurtleff had the care and charge of her five minor children, who were all living in Carver. Each of the notices described the paupers, whom the overseers of the poor of the defendant city were asked to remove, as “ Adeline Shurtleff and three children,” without containing anything to indicate which three of the five were intended. This description was not sufficient to inform the defendant who the persons were whom it ought to remove, and to enable it to avoid mistake and a liability to a suit for the…
2Cases cited2 opinions
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
- Inhabitants of Granville v. Inhabitants of SouthamptonMassachusetts Supreme Judicial Court · 1885
3Cited by3 opinions
- Commissioner of Corporations & Taxation v. City of SpringfieldMassachusetts Supreme Judicial Court · 1947
- City of Brockton v. Town of ConwayMassachusetts Supreme Judicial Court · 1932
- City of Boston v. Inhabitants of ActonMassachusetts Supreme Judicial Court · 1897