Minklaer v. Rockfeller
New York Supreme Court
On error from the C. P. of Columbia. Minklaer sued ⅝ before a justice, in case, for neglect of duty as overseers of the poor of the town of Clermont, in not providing for John 31, Gill and his wife, two paupers belong-that town.
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On error from the C. P. of Columbia. Minklaer sued ⅝ before a justice, in case, for neglect of duty as overseers of the poor of the town of Clermont, in not providing for John 31, Gill and his wife, two paupers belong-that town. The cause went to the C. P. by appeal; who non-suited the plaintiff upon the following proof: On the 2bth of January, 1823, the plaintiff served a -written notice, signed by himself, on the defendants, that John M* Gill and his wife were at his house, wholly una-t° provide f°r and maintain themselves; and requiring the defendants to make provision for them. The…
1Opinion of the Court
Curia, per
Sutherland, J.
The bill of exceptions presents the question, whether an action on the case wdll lie against overseers of the poor, for omitting or refusing to take the necessary measures to provide for paupers, in favor of an individual, who, from motives of humanity, furnishes them with the sustenance and attention, which their situation absolutely requires.
The declaration does not aver that the defendants acted fraudulently or maliciously ; and there is no evidence that their neglect was wilful, and without reasonable excuse, except what is to be inferred from their admission, that…
2Cases cited3 opinions
- Palmer v. MulliganNew York Supreme Court · 1805
- Jenkins v. WaldronNew York Supreme Court · 1814
- Olney v. WickesNew York Supreme Court · 1820
3Cited by5 opinions
- Palmer v. VandenberghNew York Supreme Court · 1829
- Otis v. StraffordSuperior Court of New Hampshire · 1839
- Smith v. Williams, New York County Courts1895
- Ogden City v. Weber CountyUtah Supreme Court · 1903
- Smith v. WilliamsNew York County Court, Queens County · 1895