Inhabitants of Salem v. Inhabitants of Andover
Massachusetts Supreme Judicial Court
Assumpsit for the maintenance of Elizabeth, the wife of William Stimpson, he being described as an inhabitant of Andover, and of three of his children. The declaration contained three counts: the first was a general indebitatus assumpsit; the second was a quantum meruit; and the third was for money laid out and expended. The general issue was pleaded and joined.
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Assumpsit for the maintenance of Elizabeth, the wife of William Stimpson, he being described as an inhabitant of Andover, and of three of his children. The declaration contained three counts: the first was a general indebitatus assumpsit; the second was a quantum meruit; and the third was for money laid out and expended. The general issue was pleaded and joined. On the trial before Sewall, J., at the sittings after the .ust November term in this county, a verdict was found for the * plaintiffs. The defendants excepted to the direction [ * 437 ] of the judge at the trial, which exceptions now…
1Opinion of the Court
The Court
then observed that the declaration was certainly bad ; that the principle stated by the defendants’ counsel was correct. A moral obligation was not a sufficient ground on which the law wrnuld imply a promise, although it was a sufficient consideration to support an express promise (2) ; that in this case,"if the settlement of the paupers was in Andover, the obligation of Andover to reimburse Salem, when seasonably requested, was a legal obligation created by the statute of 1793, and was sufficient to raise a promise in law. But the declaration was insufficient, because it did not…
2Cases cited5 opinions
- Davenport v. MasonMassachusetts Supreme Judicial Court · 1818
- Andover & Medford Turnpike Corp. v. GouldMassachusetts Supreme Judicial Court · 1809
- People v. RunkelNew York Supreme Court · 1812
- Smith v. WareNew York Supreme Court · 1816
- Sayward v. Inhabitants of AlfredMassachusetts Supreme Judicial Court · 1809
3Cited by8 opinions
- Thiede v. Town of Scandia ValleySupreme Court of Minnesota · 1944
- Inhabitants of Granby v. Inhabitants of AmherstMassachusetts Supreme Judicial Court · 1810
- Town of Londonderry v. Town of ActonSupreme Court of Vermont · 1830
- Inhabitants of Bath v. Inhabitants of FreeportMassachusetts Supreme Judicial Court · 1809
- Barnstead v. AltonSupreme Court of New Hampshire · 1855
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