Inhabitants of Stow v. Sawyer
Massachusetts Supreme Judicial Court
Appeal by the administrator with the will annexed of Sally Gates, from the decision of commissioners appointed by the probate court, allowing in part a claim against her insolvent estate in favor of the inhabitants of Stow, for relief and support furnished to her by their overseers of the poor.
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Appeal by the administrator with the will annexed of Sally Gates, from the decision of commissioners appointed by the probate court, allowing in part a claim against her insolvent estate in favor of the inhabitants of Stow, for relief and support furnished to her by their overseers of the poor. It was agreed in this court that Sally Gates was an insane person who stood in need of immediate relief in another town, and the inhabitants of Stow, where she had her lawful settlement, were duly notified thereof and requested to remove her, which they did, and supported her till her death, being…
1Opinion of the CourtMetcalf, J.
The question in this case is, whether a person who stands in need of relief and support, and to whom relief and support are furnished by a town, is liable to an action by the town to recover reimbursement, on its being discovered that he had property at the time when he was thus relieved and supported. How this might be, if fraud were practised on the town, we express no opinion.
We adhere to the views expressed in Groveland v. Medford, 1 Allen, 23, that a person who needs relief, and receives it from a town, is not liable to an action by the town to recover compensation for such relief,…
2Cases cited2 opinions
- Knox v. HookMassachusetts Supreme Judicial Court · 1815
- Selectmen of Bennington v. McGennesSupreme Court of Vermont · 1790
3Cited by4 opinions
- County of Alameda v. JanssenCalifornia Supreme Court · 1940
- Lucido v. RippetoCalifornia Court of Appeal · 1977
- Stewart's EstateSuperior Court of Pennsylvania · 1909
- State Hospital v. Danville & Mahoning Poor DistrictSuperior Court of Pennsylvania · 1908