Legal Opinion

Perkins v. Inhabitants of Milford

Supreme Judicial Court of Maine

Decided July 1, 1871PublishedCited by 4 opinions

ON REPORT. Assumpsit upon a town order payable to A. F. Gerrish or bearer, for $50, dated March 22, 1865, given to refund to the payee his subscription, voluntarily made without expectation of repayment, to aid in procuring soldiers for the war of the rebellion. It appeared that the money was not borrowed, nor obtained by any officer of the town, but was subscribed and paid to aid the town in procuring men to fill the quota of troops under the call of the president.

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ON REPORT. Assumpsit upon a town order payable to A. F. Gerrish or bearer, for $50, dated March 22, 1865, given to refund to the payee his subscription, voluntarily made without expectation of repayment, to aid in procuring soldiers for the war of the rebellion. It appeared that the money was not borrowed, nor obtained by any officer of the town, but was subscribed and paid to aid the town in procuring men to fill the quota of troops under the call of the president. It appeared by the records of the town, that, under a proper article, the town voted, Aug. 15, 1864, to raise $200 per man,…

1Opinion of the CourtAppleton, C. J.

This is an action upon a town order, dated March 22, 1865, for fifty dollars, payable to A. F. Gerrish or bearer, and by him indorsed to the plaintiff.

The order in the hands of the plaintiff is subject to the same defense as if in the hands of the payee. Emery v. Mariaville, 56 Maine, 314.

The evidence shows that Gerrish, the payee of the order, subscribed with others to raise a sum of money to aid in procuring soldiers for the late war. The subscription was voluntary and without expectation of repayment. The money was not borrowed nor obtained by any officer of the defendant town, but was…

2Cases cited1 opinion

  1. Estey v. Inhabitants of WestminsterMassachusetts Supreme Judicial Court · 1867

3Cited by4 opinions

  1. Woodall v. DarstWest Virginia Supreme Court · 1912
  2. State Ex Rel. Cashman v. SimsWest Virginia Supreme Court · 1947
  3. Opinion of the Justices of the Supreme Judicial Court Given Under the Provisions of Section 3 of Article VI of the Constitution Question Propounded by the Senate in an Order Dated April 17, 1957Supreme Judicial Court of Maine · 1957
  4. In re the Appeal of CumminsHawaii Supreme Court · 1911

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