Town of Bloomfield v. French
Supreme Court of Vermont
Assumpsit for money paid, laid out and expended. Plea,, the general issue, and trial by the court. The plaintiffs, on trial, offered evidence tending to prove, that, in the fall of 1841, the minor son of the defendant was in the town of ’ Newbury, in this state, and there was in distress, and stood in need of immediate relief, and was supported by the town of Newbury for a considerable time, and died there,‘ that the town of Newbury, soon after, commenced a suit against-the…
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Assumpsit for money paid, laid out and expended. Plea,, the general issue, and trial by the court. The plaintiffs, on trial, offered evidence tending to prove, that, in the fall of 1841, the minor son of the defendant was in the town of ’ Newbury, in this state, and there was in distress, and stood in need of immediate relief, and was supported by the town of Newbury for a considerable time, and died there,‘ that the town of Newbury, soon after, commenced a suit against-the town of Bloomfield, where the defendant had his legal settlement at the time his son became chargeable to Newbury, to…
1Opinion of the Court
The opinion of the court was delivered by
Hebaud, J.
The defendant unquestionably was liable by law, if able, to support his minor son; and the town of Newbury might have had its action against him for it. But the fact that Newbury sued the town of Bloomfield for such support, and recovered it of Bloomfield, lays no foundation for a recovery on the part of Bloomfield against the defendant. If the town of Bloomfield paid it voluntarily, there would be no privity between the town and the defendant. If Newbury had recovered it of Bloomfield, it would make it no better, for it must have been upon…
2Cases cited3 opinions
- Inhabitants of Hanover v. TurnerMassachusetts Supreme Judicial Court · 1817
- Aldrich v. Town of LondonderrySupreme Court of Vermont · 1833
- Selectmen of Bennington v. McGennesSupreme Court of Vermont · 1790
3Cited by3 opinions
- County of Brown v. PenkertSupreme Court of Minnesota · 1925
- Town of Woodstock v. Town of HartlandSupreme Court of Vermont · 1849
- Town of Brattleboro v. Town of StrattonSupreme Court of Vermont · 1852