Legal Opinion

King v. Butler

New York Supreme Court

Decided August 15, 1818PublishedCited by 11 opinions

IN ERROR, to the court of common pleas of the county of Tompkins. The plaintiff in error brought an action of assumpsit in the court below, against the defendant in error, for boarding, lodging, nursing, and attending one Washburn, at the special instance and request of the defendant.

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IN ERROR, to the court of common pleas of the county of Tompkins. The plaintiff in error brought an action of assumpsit in the court below, against the defendant in error, for boarding, lodging, nursing, and attending one Washburn, at the special instance and request of the defendant. At the trial of the cause in the September term, 1817, of the court below, the following facts were given in evidence on the part of the plaintiff: In November, 1814, Washburn was taken sick at the house of the plaintiff, who immediately made application to the defendant, then one of the overseers of the poor of…

1Per curiam

The question in this ease arises on a bill of exceptions, tendered to the court of common pleas of the county of Tompkins. The action was brought against the defendant, who was one of the overseers of the poor of the town of Ulysses, in that county, for the support and maintenance of a pauper. The proof in the court below showed a most explicit and positive request, by the defendant to .the plaintiff, to maintain the pauper, and an express and absolute promise to pay him for the same. But this was not deemed by the court below sufficient, because no order had been given by a justice to the…

2Cited by11 opinions

  1. New York & Charleston Steam-Ship Co. v. HarbisonU.S. Circuit Court for the District of Connecticut · 1883
  2. Todd v. BirdsallNew York Supreme Court · 1823
  3. Grant v. FancherNew York Supreme Court · 1826
  4. Hayes v. SymondsNew York Supreme Court · 1850
  5. Brazee v. StewartAppellate Division of the Supreme Court of the State of New York · 1901

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