Glidden v. Town of Unity
Superior Court of New Hampshire
This is an action of assumpsit upon a special contract for the support of Albion Dyke. Said Dyke has a legal settlement in the town of Littleton, but on the third day of March, A. D. 1847, he was bound out by the overseers of the poor for the town of Unity, to the plaintiff, until he should be of the age of twenty-one years.
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This is an action of assumpsit upon a special contract for the support of Albion Dyke. Said Dyke has a legal settlement in the town of Littleton, but on the third day of March, A. D. 1847, he was bound out by the overseers of the poor for the town of Unity, to the plaintiff, until he should be of the age of twenty-one years. The indenture was as follows: “ This indenture, made by and between Ezra J. Glidden, overseer of the poor of the town of Unity, in the county of Sullivan, and State of New Hampshire, of the one part, and Sylvester Glidden, of said Unity, of the other part, witnesseth,…
1Opinion of the CourtBell, J.
The authority of overseers to bind out the children of poor persons, is found in section 5 of chapter 66 of the Revised Statutes. “ The overseers of the poor in any town ” “ may set to work in the workhouse or elsewhere, or bind out as apprentices, all children residing in their respective towns, who are not employed in some lawful business, and whose parents are unable or neglect to maintain them;”
The first question which arises in the case before us is, whether the overseer of the town of Unity had authority to bind out the boy, Albion Dyke. This power is derived, if it exists in the case,…
2Cases cited4 opinions
- Wright v. ButlerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Averill v. WilsonNew York Supreme Court · 1848
- Otis v. StraffordSuperior Court of New Hampshire · 1839
- Peterborough v. LancasterSuperior Court of New Hampshire · 1843
3Cited by3 opinions
- Baker-Chaput v. CammettDistrict Court, D. New Hampshire · 1976
- Hall v. County of HillsboroughSupreme Court of New Hampshire · 1982
- Baker-Chaput v. CammettDistrict Court, D. New Hampshire · 1976