Kupfer v. Inhabitants of the South Parish in Augusta
Massachusetts Supreme Judicial Court
Assumpsit to recover $421.79, the amount of a quantity of w'indow glass, alleged to have been sold and delivered by the plaintiffs, proprietors of the glass manufactory in Boston, to the defendants. The declaration contained three counts. The first was indebitatus assumpsit upon the account annexed. The second was quantum valebant for goods sold and delivered.
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Assumpsit to recover $421.79, the amount of a quantity of w'indow glass, alleged to have been sold and delivered by the plaintiffs, proprietors of the glass manufactory in Boston, to the defendants. The declaration contained three counts. The first was indebitatus assumpsit upon the account annexed. The second was quantum valebant for goods sold and delivered. And the third was upon a promissory note for $ 341, dated April 25th, 3 808, payable to the plaintiffs in six months, with interest after * [ * 186 ] sixty days ; which note was alleged to have been signed by Peter T. Vose in behalf of…
1Opinion of the Court
Curia.
Vose was not authorized to make a note for the parish. He could have such authority only by vote of the parish. The vote appoints him and two others a committee to superintend the building of the meetinghouse ; and this committee was directed to proceed as soon as funds to a specified amount should be raised by a sale of the pews. Under this vote, one of the committee could not purchase on the credit of the parish. Any act to charge the parish must have been by two, at least, of the three ; perhaps by all the three, because the power, if given at all, is not given to the majority.…
2Cited by14 opinions
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- Towne v. JaquithMassachusetts Supreme Judicial Court · 1809
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