Sheldon & Cushman v. Town of Bennington
Supreme Court of Vermont
Book account. Heard upon the report of an auditor, at the December term, 1894, Bennington county, Rowell, J., presiding. Judgment for the plaintiffs. The defendant excepts. The town had no power to bind itself by the employment of the plaintiffs, and therefore that contract was void. Dill, Mun. Cor., s. 147, 447; Taft v. Pittsford, 28 Vt. 286; Johnson v. Colbn.rn, 36 Vt. 693 ; Minot v. West Poxbury, 112 Mass. 1; 17 Am.
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Book account. Heard upon the report of an auditor, at the December term, 1894, Bennington county, Rowell, J., presiding. Judgment for the plaintiffs. The defendant excepts. The town had no power to bind itself by the employment of the plaintiffs, and therefore that contract was void. Dill, Mun. Cor., s. 147, 447; Taft v. Pittsford, 28 Vt. 286; Johnson v. Colbn.rn, 36 Vt. 693 ; Minot v. West Poxbury, 112 Mass. 1; 17 Am. Rep. 52; Daniel v. Memphis, 11 Hump. 582; Gregory v. Bridgeport, 41 Conn. 76; 19 Am. Rep. 485. A contract cannot be made by a municipality to meet a liability until that…
1Opinion of the CourtRoss, C. J.
This is an action to recover for services rendered by the plaintiffs, as attorneys, in two suits between Lydia Morse and Luke Morse, one in favor of the former against the latter for support, reported in 65 Vt. 112; and the other in favor of the latter against the former for a divorce. The contention is whether the town had such an interest in the prosecution of the first, or in the defence of the *582last suit, that it can be made liable for the services of the plaintiffs therein, if authorized by the officers of the town.
It is evident that towns can contract debts only for those purposes for…
2Cases cited5 opinions
- Gregory v. City of BridgeportSupreme Court of Connecticut · 1874
- Hazen v. StrongSupreme Court of Vermont · 1830
- Briggs v. WhippleSupreme Court of Vermont · 1834
- Van Sicklen v. Town of BurlingtonSupreme Court of Vermont · 1854
- Morse v. MorseSupreme Court of Vermont · 1893
3Cited by4 opinions
- Town of Ripton v. Town of BrandonSupreme Court of Vermont · 1907
- Sargent v. ClarkSupreme Court of Vermont · 1910
- Gibson & Waterman v. Town of VernonSupreme Court of Vermont · 1916
- Spafford v. Town of NorwichSupreme Court of Vermont · 1899