Savage v. Rix
Superior Court of New Hampshire
Assumpsit, for money had and received. The plaintiff filed a specification, claiming to recover upon a promissory note, in these words : For value received we jointly and severally promise to pay Stephen Savage, in official capacity, twenty dollars and thirty-four cents, the first of January next.
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Assumpsit, for money had and received. The plaintiff filed a specification, claiming to recover upon a promissory note, in these words : For value received we jointly and severally promise to pay Stephen Savage, in official capacity, twenty dollars and thirty-four cents, the first of January next. Dalton, July, 1834. Eben'r Rix, ) W/iitefield Eben'r Crane, > Road (3, P. BrooI~s, ) (Jommittee~ The case was submitted to the determination of the court upon the following facts : At a legal meeting of the inhabitants of the town of Dalton, on the 4th of July, 1834, upon an article in the war- .…
1Opinion of the CourtParker, C. J.
It was held, in Andover vs. Grafton, 7 N. H. R. 298, that selectmen might bind a town by note, in certain cases. The reasons upon which this conclusion was founded are stated at length in the opinion.
Selectmen, although strictly speaking not general agents of the town, have extensive powers—powers as general as any agents the town can appoint. They are obliged, by statute, in certain instances, to go forward and act for the town, whether the town has acted or not—and even the *266vote of the town, forbidding them to act, would be no justification for a refusal to perform such duty.
In the exercise…
2Cases cited10 opinions
- Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Pentz v. StantonNew York Supreme Court · 1833
- Tippets v. WalkerMassachusetts Supreme Judicial Court · 1808
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3Cited by3 opinions
- Despatch Line of Packets v. Bellamy Man. Co.Superior Court of New Hampshire · 1841
- Brackett v. BartlettSuperior Court of New Hampshire · 1848
- Moor v. WilsonSuperior Court of New Hampshire · 1853