Ives v. Wallingford
Supreme Court of Vermont
This was an action of assumpsit brought by the plaintiff to recover for board, washing, lodging, doctoring and other necessaries furnished and provided for one Patty Preston belonging to and resident in said town of Wallingford.
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This was an action of assumpsit brought by the plaintiff to recover for board, washing, lodging, doctoring and other necessaries furnished and provided for one Patty Preston belonging to and resident in said town of Wallingford. It appeared on the trial that said Patty, on the 24th day May, A. D. 1834, she being then about twenty four years of age, became suddenly sick and remained so until her death, in the month of December following, and during all that time required constant nursing, doctoring and other necessaries ,• and that the plaintiff furnished the same to the said Patty from the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The question in this case is, whether the town is liable for the contract of the overseers of the poor. The undertaking, or promise relied on by the plaintiff to charge the defendant, was made by the select men or overseers of the poor. The authority of the select men is not more extensive, when they act as overseers of the poor, than if they had been elected to tbe latter office alone. As their power is given by statute, so the extent of their authority is to be learnt from the provisions of the statute. An opinion has…
2Cited by5 opinions
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