Spencer v. Overton
Supreme Court of Connecticut
In the original action, -A. CTION of assumpsit. The declaration stated, that one lili Pox, an inhabitant of Chatham, broke his leg, at Xew-Hartford, and being-poor, and unable to support himself, was cast, with his family, upon the Town of Xew-Hartford for support ; and that the select men disbursed § 50 out of the Town-treasury for lairing care of him; and concluded in the common form of indebtedness and. assumpsit, without alleging, that notice of the plaintiffs’ demand…
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In the original action, -A. CTION of assumpsit. The declaration stated, that one lili Pox, an inhabitant of Chatham, broke his leg, at Xew-Hartford, and being-poor, and unable to support himself, was cast, with his family, upon the Town of Xew-Hartford for support ; and that the select men disbursed § 50 out of the Town-treasury for lairing care of him; and concluded in the common form of indebtedness and. assumpsit, without alleging, that notice of the plaintiffs’ demand had been given to the defendants. On the trial of this case, in the County Court, on the general issue, the plaintiffs…
1Opinion of the Court
The judgment of the Superior Court was reversed.
By the Court.
The letter was evidence proper to he exhibited in proof, that the plaintiffs had given notice • ■>!' their claim to one of the select men of the Town of Chatham. The principal question on the record is, whether the declaration of the plaintiffs is sufficient in Saw ? And the objection is, that they have omitted to allege notice of their claim, in the present case, the *185plaintiffs have alleged, with legal precision, the facts, which were material to their relief; and the averment of notice was not essential to the sufficiency of their…
2Cited by4 opinions
- Aldrich v. KinneySupreme Court of Connecticut · 1822
- Inhabitants of Griswold v. Inhabitants of North-StoningtonSupreme Court of Connecticut · 1824
- Farrington v. BlishSupreme Judicial Court of Maine · 1837
- Waterbury v. Inhabitants of DarienSupreme Court of Connecticut · 1832