Brooks v. Read
New York Supreme Court
ERROR, to tíre court,of common jffeas-of the. county'of’Pihua ' • ■ ’ - ' ' ' , ” '-*■ tvgU» •. . . , - The defendants in error, who were the pi? intiffs in the court below, brought an action of indebitatus assumpsit, in the court below, for meat, drink, board, washing, lodging, medicines, medical assistance, attendance, and other necessaries, provided at the special instance and request of the defendants, as overseers of the poor of the town of Tioga, for one Robert M'Phee,…
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ERROR, to tíre court,of common jffeas-of the. county'of’Pihua ' • ■ ’ - ' ' ' , ” '-*■ tvgU» •. . . , - The defendants in error, who were the pi? intiffs in the court below, brought an action of indebitatus assumpsit, in the court below, for meat, drink, board, washing, lodging, medicines, medical assistance, attendance, and other necessaries, provided at the special instance and request of the defendants, as overseers of the poor of the town of Tioga, for one Robert M'Phee, and for money paid for the use of the defendants,, The defendants pleaded the general issue. The cause was tried at the…
1Opinion of the Court
Spencer, J,,
delivered’ the opinion of the court, ; If it be -adjmitted.at all, it must be with great hesitation, that,' if even the pauper’s legal settlement was in Tiogathe maintenance of -hliri by Seneea, without-the request, and Without any proinise-by-the overseers óf the poor of Tioga,., will'.give them a right .to maintain an action of assumpsit. ' The cases of:..Simmonsvi fflilmot,. (3 Esp. Rep. 91.,) .and of Wennal v. Adney, (3 Bos, & Pul. 247.) certainly favour the idea, that, in' such a case,'an action of assumpsit could ' lie maintained, on the implied,'promise resulting from the…
2Cited by4 opinions
- Rockfeller v. DonnellyCourt for the Trial of Impeachments and Correction of Errors · 1826
- Norton v. RhodesNew York Supreme Court · 1854
- Underhill v. GibsonSuperior Court of New Hampshire · 1821
- Norton v. RhodesNew York Supreme Court · 1854