Shackford v. Town of Newington
Supreme Court of New Hampshire
Assumpsit for money had and received, and is brought to recover six months interest on a promissory note given by the town of Newington, and payable to the plaintiff for the sum of §3100. The writ is dated August 26, 1864. The following is a copy of the note : "Whereas, the town of Newington, on the first day of September, A. D. 1862, voted to pay three hundred and forty dollars to each volunteer, for three years or during the war, under the late call from the President, and…
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Assumpsit for money had and received, and is brought to recover six months interest on a promissory note given by the town of Newington, and payable to the plaintiff for the sum of §3100. The writ is dated August 26, 1864. The following is a copy of the note : "Whereas, the town of Newington, on the first day of September, A. D. 1862, voted to pay three hundred and forty dollars to each volunteer, for three years or during the war, under the late call from the President, and authorized the selectmen of said Newington to hire money for the purpose, and whereas, William M. Shackford, of…
1Opinion of the CourtBellows, J.
The first question is, whether the vote is to be regarded as a vote to raise $340.00 for each volunteer, or only $340.00 in all. The article in the warrant was, to s§e if the town would raise that sum, or any other sum, for each volunteer who might enlist for three years, or during the war : and under that, the vote was "to pay those who have enlisted since the date of the warrant, and those who may enlist, to fill the quota of this town under the late call of the President for volunteers- for three years,- or during the war, the sum of three hundred and forty dollars.”
Standing alone the vote…
2Cases cited5 opinions
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- Houston v. PerryTexas Supreme Court · 1848
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- Andrews v. BrownSupreme Court of Iowa · 1855
- Shorey v. HusseySupreme Judicial Court of Maine · 1851