Legal Opinion

Crossman v. New Bedford Institution for Savings

Massachusetts Supreme Judicial Court

Decided February 27, 1894PublishedCited by 3 opinions

Contract, by the overseers of the poor of the city of Taunton, under Pub. Sts. c. 84, § 32, to recover from the defendant institution a portion of a sum of money deposited therein by Leander Tripp, who prior to bis decease was a pauper for whose support the city of Taunton was liable. The case was submitted to the Superior Court, and, after judgment for the plaintiff, on appeal to this court, upon agreed facts, in substance as follows.

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Contract, by the overseers of the poor of the city of Taunton, under Pub. Sts. c. 84, § 32, to recover from the defendant institution a portion of a sum of money deposited therein by Leander Tripp, who prior to bis decease was a pauper for whose support the city of Taunton was liable. The case was submitted to the Superior Court, and, after judgment for the plaintiff, on appeal to this court, upon agreed facts, in substance as follows. Leander Tripp was duly enlisted and mustered into the military service of the United States, November 28,1861, as a part of the quota of Taunton, and was…

1Opinion of the CourtBarker, J.

The plaintiffs show a statutory right to maintain their action if Leander Tripp at his death was a pauper chargeable to their city. The defendants contend that, although receiving aid under the provisions made by law for the support and maintenance of the poor, he was not a pauper, because he was an honorably discharged soldier, for whose support and that *505of his children by the city of Taunton compulsory provision was made by the statutes of the Commonwealth regulating the relief of soldiers and their families.

The defendants also contend that, if Tripp was a pauper, the action cannot be…

2Cases cited4 opinions

  1. Patterson v. CaldwellCourt of Appeals of Kentucky · 1859
  2. Reynolds v. HanrahanMassachusetts Supreme Judicial Court · 1868
  3. Inhabitants of Granville v. Inhabitants of SouthamptonMassachusetts Supreme Judicial Court · 1885
  4. Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1878

3Cited by3 opinions

  1. Town of Cohasset v. Town of ScituateMassachusetts Supreme Judicial Court · 1941
  2. City of Waltham v. City of NewtonMassachusetts Supreme Judicial Court · 1940
  3. United States v. AndrewsDistrict Court, D. Massachusetts · 1972

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