Farnsworth v. Inhabitants of Melrose
Massachusetts Supreme Judicial Court
Contract upon an account annexed for services and expenses as a selectman and overseer of the poor. At the trial in the Superior Court, before Putnam, J., it was admitted by the plaintiff that the town had made no express agreement to pay him for such services, and that no salary was attached to his office.
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Contract upon an account annexed for services and expenses as a selectman and overseer of the poor. At the trial in the Superior Court, before Putnam, J., it was admitted by the plaintiff that the town had made no express agreement to pay him for such services, and that no salary was attached to his office. The plaintiff contended, and asked thu judge to rule, that the law would imply a promise to pay him, and offered to show a custom and usage in the defendant town and in other towns in Massachusetts to pay such officers a reasonable compensation for their services. The judge ruled that such…
1Opinion of the CourtGray, C. J.
The statutes of the Commonwealth are framed upon the theory that those who are chosen by their fellow citizens to be the selectmen of a town will accept and execute the office from a sense of duty to the public, or of the honor attending it, and not for pecuniary reward; and they have provided for compensation in but a few cases, of peculiar services, not incidental to the ordinary administration of the prudential affairs cf the town, as, for instance, in relation to the election of representatives, to the location of posts and wires of telegraph companies, and to the assessment of damages…
2Cases cited2 opinions
- Davis v. WilsonMassachusetts Supreme Judicial Court · 1850
- Boyden v. Town of BrooklineSupreme Court of Vermont · 1836
3Cited by6 opinions
- Cook v. City of SpringfieldMassachusetts Supreme Judicial Court · 1903
- City of Tacoma v. LillisWashington Supreme Court · 1892
- Gibbs v. ManchesterSupreme Court of New Hampshire · 1905
- Hartley v. Inhabitants of GranvilleMassachusetts Supreme Judicial Court · 1913
- Beckwith v. Town of FarmingtonSupreme Court of Connecticut · 1904
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