Gilmanton v. Sanbornton
Supreme Court of New Hampshire
From Belkkai? Circuit Court. Assumpsít. The case was referred to a referee, who reported that the action was brought to recover of Sanbornton for aid rendered by Gilmanton to one Ebenezer Chase for the support of John Chase, between December 10, 1874, and June 14, 1875, the expenditures amounting to $47. Notice of the expenditure was duly given to Sanbornton.
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From Belkkai? Circuit Court. Assumpsít. The case was referred to a referee, who reported that the action was brought to recover of Sanbornton for aid rendered by Gilmanton to one Ebenezer Chase for the support of John Chase, between December 10, 1874, and June 14, 1875, the expenditures amounting to $47. Notice of the expenditure was duly given to Sanbornton. Ebenezer Chase, the father of John Chase, now 78 years of age, resided in Sanbornton prior to 1840, and from that time to December, 1868, when he removed to Gilmanton. John Chase, the son, for whose support the action is brought, is now…
1Concurrence
Croydon v. Sullivan County, 47 N.H. 179, is decisive of this case. The selectmen of Sanbornton had no right to bestow the public money of that town in charity, except as a public charity according to the provisions of the law. This was what they did; and their calling it, or understanding it to be, something else, could not change the substantial nature of what was done. I think there should be judgment on the report for the plaintiffs.
SMITH, J., concurred for the same reason.
Judgment on the report for the plaintiffs.
2Cases cited1 opinion
- Town of Croydon v. County of SullivanSupreme Court of New Hampshire · 1866