Davenport v. Town of Johnson
Supreme Court of Vermont
Assumpsit. Plea, the general issue. There were three suits consolidated and tried as one, by the court, at the April Term, 1876, Ross, J., presiding. It appeared that in 1868, under the act of 1867, passed to enable towns to aid in the construction of the Lamoille Valley-Railroad, the defendant town subscribed for four hundred and eighty shares of stock in said railroad, to be paid for in bonds of said town. The par value of the shares was one hundred dollars.
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Assumpsit. Plea, the general issue. There were three suits consolidated and tried as one, by the court, at the April Term, 1876, Ross, J., presiding. It appeared that in 1868, under the act of 1867, passed to enable towns to aid in the construction of the Lamoille Valley-Railroad, the defendant town subscribed for four hundred and eighty shares of stock in said railroad, to be paid for in bonds of said town. The par value of the shares was one hundred dollars. By the condition of said subscription, fifteen per cent, of the amount subscribed' was to be payable when the road should be completed…
1Opinion of the Court
The opinion of the Court was delivered by
Powers, J.
Sec. 71, c. 15, Gen. Sts., makes it the duty of the town treasurer to pay orders drawn upon him by the selectmen, and provides that in case he neglects or refuses to pay such orders on demand, the holder may maintain an action thereon against the town. The office of this statute, so far as concerns the order, is simply to regulate the right of action upon it. It makes a demand of payment a condition precedent to any right of recovery against the town. The holder, on trial, must make proof of such *406demand as an essential element in his right to…
2Cited by2 opinions
- Town of St. George v. TilleySupreme Court of Vermont · 1914
- Blaisdell & Barron v. School District No. 2Supreme Court of Vermont · 1899