Wolcott v. Town of Wolcott
Supreme Court of Vermont
Book Account. Judgment to 'account was rendered in the county court, and an auditor was appointed, who reported the facts substantially as follows. In March, 1842, one Eunice Shippé, a transient person, was taken sick at the house of the plaintiff, in the town of Wolcott, and was in need of relief. On the 31st day of March the plaintiff gave notice of this to the overseers of the poor of the town, and requested them to provide for her.
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Book Account. Judgment to 'account was rendered in the county court, and an auditor was appointed, who reported the facts substantially as follows. In March, 1842, one Eunice Shippé, a transient person, was taken sick at the house of the plaintiff, in the town of Wolcott, and was in need of relief. On the 31st day of March the plaintiff gave notice of this to the overseers of the poor of the town, and requested them to provide for her. One of the overseers, Mr. Whitney, told the plaintiff “ to go on and take care of the girl, and he would be up and see to her.” The plaintiff did continue to…
1Opinion of the Court
’The opinion of the court was delivered by
Bennett, J.
It is objected, that the plaintiff has no such claim, as will enable him to sustain an action on book account against the town.
It has been frequently decided in this state, that this form of action may well be sustained against towns; and we sée no reason, why the plaintiff should not recover. The pauper fell sick at the plaintiff’s house, and notice was given of that fact, on the 31st of March, J842, to the town; and on the evening of the same day Whitney, *39one of the overseers of the poor of the town, was called upon by the plaintiff and…
2Cited by2 opinions
- First National Bank v. Town of Mount TaborSupreme Court of Vermont · 1879
- Worcester v. BallardSupreme Court of Vermont · 1865