Aldrich v. Town of Londonderry
Supreme Court of Vermont
This case came up from the County Court, upon the following bill of exceptions. “This was an action of assumpsit, brought by the plaintiff, to recover for meat, drink, washing lodging, doctoring, nursing and other necessaries, furnished and provided by the plaintiff, for one Jemima Jerald, a pauper of the said town of Londonderry.
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This case came up from the County Court, upon the following bill of exceptions. “This was an action of assumpsit, brought by the plaintiff, to recover for meat, drink, washing lodging, doctoring, nursing and other necessaries, furnished and provided by the plaintiff, for one Jemima Jerald, a pauper of the said town of Londonderry. The cause went to the Jury under the General Issue. it was conceded by the defendants, that the said Jemima Jerald, was a pauper of said town of Londonderry, and, that said town agreed with the plaintiff, to support her one year, ending the 15th day of March, 1831,…
1Opinion of the Court
*447Tlie opinion of the Court was pronounced by
Williams, J.
If the town of Londonderry are liable to the plaintiff, it must be on the testimony of Mr. Stoddard; for if the County Court were right, in considering that this testimony did not tend to prove any contract on the part of the defendant, they properly excluded the other testimony offered, which only proved the performance of the services for which the action was brought and the necessity and value of those services.
No principle seems to be better settled than this, that there is no implied contract on the part of a town, to pay for…
2Cases cited4 opinions
- Edwards v. DavisNew York Supreme Court · 1819
- Miller v. Inhabitants of SomersetMassachusetts Supreme Judicial Court · 1817
- Town of Jamaica v. Town of GuilfordSupreme Court of Vermont · 1824
- Town of Middlebury v. Town of HubbardtonSupreme Court of Vermont · 1814
3Cited by6 opinions
- Town School District v. Town School DistrictSupreme Court of Vermont · 1905
- Goodell v. Town of Mount HollySupreme Court of Vermont · 1879
- Town of Chelsea v. Town of WashingtonSupreme Court of Vermont · 1876
- Town of Bloomfield v. FrenchSupreme Court of Vermont · 1843
- Worcester v. BallardSupreme Court of Vermont · 1865
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