Emery v. Inhabitants of Mariaville
Supreme Judicial Court of Maine
On Report. Assumpsit on a town order of the following tenor: — " |300. Mariaville, April 19, 1867. "To Reuben Jellison, Treasurer of the town of Mariaville. Pay Lemuel M. Jordan or order, the sum of three hundred dollars, one year from date, it beiug town bounty raised for drafted men.” The order was signed by three persons, as "selectmen of Mariaville,” accepted by Reuben Jellison, and indorsed by L. M. Jordan. It was proved that the plaintiffs owned the order.
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On Report. Assumpsit on a town order of the following tenor: — " |300. Mariaville, April 19, 1867. "To Reuben Jellison, Treasurer of the town of Mariaville. Pay Lemuel M. Jordan or order, the sum of three hundred dollars, one year from date, it beiug town bounty raised for drafted men.” The order was signed by three persons, as "selectmen of Mariaville,” accepted by Reuben Jellison, and indorsed by L. M. Jordan. It was proved that the plaintiffs owned the order. The case was reported to the full Court. If the action was maintainable in the names of the plaintiffs, it was to stand for trial.…
1Opinion of the CourtDickerson, J.
— Assumpsit on an indorsed town order, payable to order, and given for soldiers’ bounty.
No question is raised with regard to the legality of the doings of the town in raising the money to pay the bounty, or of the authority of the selectmen to issue any other than a negotiable order; but it is objected that the selectmen had no authority to issue a negotiable order, capable of being sued in the name of the indorsee.
In support of this objection, it is urged that no such power is expressly given by statute, and that it would be dangerous to sanction such a practice, and would enable the…
2Cited by1 opinion
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