Tyler v. Inhabitants of Brooklyn
Supreme Court of Connecticut
IN ERROR. This was an action of assumpsit, brought by Tyler, who was keeper of the Windham county gaol, against the town of Brooklyn, in which the gaol was, for the support of one Henry L. Mosher, a prisoner.
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IN ERROR. This was an action of assumpsit, brought by Tyler, who was keeper of the Windham county gaol, against the town of Brooklyn, in which the gaol was, for the support of one Henry L. Mosher, a prisoner. On the 3rd of April, 1821, Mosher, a transient person, needy, and destitute of the means of support, was committed to the gaol in Brooklyn, by virtue of a mittimus, issued by Daniel Hutchinson, Esq. of Lebanon, a justice of the peace for the county of Windham, founded on a complaint of one of the grand-jurors of Lebanon, and a judgment rendered thereon, by said Hutchinson. By the…
1Opinion of the Court
Hosmer, Ch. J.
On the town of Brooklyn, there existed no moral obligation to support Mosher, when in gaol; and if there, had, it would supply no ground from which to imply a contract for relief furnished without request. Watson v. Turner, Bull, V. P. 129. 147. 281. Atkyns & al. v. Banwell & al. 2 East, 505.
As little foundation would there be for the supposition, that there was resting on Brooklyn a common law obligation, to advance necessary supplies for the pauper. In Wennel v. Adney, 3 Bos. & Pul. 247. it was said, by Lord Alvanley, that parish officers, in a case of necessity, were bound to…
2Cases cited2 opinions
- Cargill v. Inhabitants of WiscassetMassachusetts Supreme Judicial Court · 1807
- Doggett v. Inhabitants of DedhamMassachusetts Supreme Judicial Court · 1895
3Cited by1 opinion
- Town of Norwich v. HydeSupreme Court of Connecticut · 1829