Poquet v. Town of North Hero
Supreme Court of Vermont
Assumpsit for a town bounty. Plea, tbe general issue and trial by jury, December term, 1870, Redpield, J., presiding. On trial tbe plaintiff introduced a copy of tbe record of a town meeting of tbe defendant town, held December 14th, 1863, at which tbe town voted as follows: Resolved, that tbe selectmen of tbe town of North Hero be and they are hereby authorized to pay a bounty not exceeding three hundred dollars to each volunteer who shall be mustered into tbe United States…
Read the full summary
Assumpsit for a town bounty. Plea, tbe general issue and trial by jury, December term, 1870, Redpield, J., presiding. On trial tbe plaintiff introduced a copy of tbe record of a town meeting of tbe defendant town, held December 14th, 1863, at which tbe town voted as follows: Resolved, that tbe selectmen of tbe town of North Hero be and they are hereby authorized to pay a bounty not exceeding three hundred dollars to each volunteer who shall be mustered into tbe United States service before January 6th, 1864, and applied on the quota of this town to be raised under the last call of the…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
This was an action of assumpsit to recover a town bounty. Plea, the general issue, and trial by jury. The vote of the defendant town, under which the plaintiff claims to recover the bounty sued for, is so like the vote in Johnson v. Bolton, in 43 Vt., 303, that the construction given to the vote in that case must be regarded as an authority in this. •
Judge Redficld says, in that case, that the vote is not an open, general offer, which being accepted, constitutes a contract. The plaintiff re-enlisted in the field, December 15th, 1863, and was…
2Cases cited5 opinions
- Goodrich v. TracySupreme Court of Vermont · 1871
- Cheney v. PierceSupreme Court of Vermont · 1866
- Johnson v. Town of BoltonSupreme Court of Vermont · 1871
- Chase v. Town of MiddlesexSupreme Court of Vermont · 1870
- James v. Town of StarksboroSupreme Court of Vermont · 1870
3Cited by2 opinions
- Kittell v. Missisquoi R. R.Supreme Court of Vermont · 1883
- Billings v. KneenSupreme Court of Vermont · 1885