Lincoln v. Inhabitants of Stockton
Supreme Judicial Court of Maine
Assumpsit declaring on a town order for one thousand dollars, dated July 19, 1876. The writ was dated July 19, 1881, and the plea was the general issue. At the trial it was agreed by the parties that the presiding judge should submit a single question to the jury, which with their answer thereto, should make a part of the case and the whole case should then be submitted to the law court.
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Assumpsit declaring on a town order for one thousand dollars, dated July 19, 1876. The writ was dated July 19, 1881, and the plea was the general issue. At the trial it was agreed by the parties that the presiding judge should submit a single question to the jury, which with their answer thereto, should make a part of the case and the whole case should then be submitted to the law court. The jury rendered the following verdict: " The jury find that the money obtained of the plaintiff and for which the order declared on was given was used by C. C. Roberts to pay the order previously given to…
1Opinion of the Court
Svmonds, J,
In recent cases in this state it has been held, that when selectmen have acted without special authority in procuring loans of money for municipal purposes, if the lender would *145recover in an ac.tion of assumpsit against the town the amount of the loans, he must prove not only that the money was received by the selectmen in their official capacity but also that it was applied by them to the use for which it was obtained, to meet and discharge existing municipal liabilities, Billings v. Monmouth, 72 Maine, 174; that towns themselves by the statutes organizing them are strictly…
2Cases cited7 opinions
- Marsh v. Fulton CountySupreme Court of the United States · 1871
- Peterson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1858
- Hoyt v. . Thompson'sNew York Court of Appeals · 1859
- Minot v. Inhabitants of West RoxburyMassachusetts Supreme Judicial Court · 1873
- Howe v. KeelerSupreme Court of Connecticut · 1858
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3Cited by2 opinions
- School Administrative District 3 v. Maine School District CommissionSupreme Judicial Court of Maine · 1962
- Budge v. Town of MillinocketSupreme Judicial Court of Maine · 2012