Selectmen of Bennington v. McGennes
Supreme Court of Vermont
Indebitatus assumpsit, for money paid, laid out, and expended. Plea — Non assumpsit. It appeared in evidence, that in the year -the defendant was resident at Bennington, but had gained no legal settlement therein. The defendant, his wife, and two or three children were taken .sick and in distressed circumstances, being poor and unable to provide for themselves.
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Indebitatus assumpsit, for money paid, laid out, and expended. Plea — Non assumpsit. It appeared in evidence, that in the year -the defendant was resident at Bennington, but had gained no legal settlement therein. The defendant, his wife, and two or three children were taken .sick and in distressed circumstances, being poor and unable to provide for themselves. The Selectmen of Bennington provided for them as paupers, and advanced, for their relief the sum demanded in the declaration. The wife, and one or more of the children died. The defendant, on his recovery, removed out of the State, and…
1Opinion of the Court
By the Court.
He cannot be admitted.
Chipman, Ch J.,
in his charge to the Jury observed — This is an action wholly unsupported by precedent, and the question is, Are there any principles of law or reason on which it can be supported ? The action is brought by the town against a pauper, to recover back money, which the town had expended for his relief. There is in this case no special agreement to repay. It rests on the general implication of law in such cases. As the money was advanced, if the law implies, generally an obligation on the part of the pauper to repay such monies, as the town may…
2Cited by6 opinions
- Board of Commissioners v. SchmokeIndiana Supreme Court · 1875
- Inhabitants of Stow v. SawyerMassachusetts Supreme Judicial Court · 1862
- Town of Bloomfield v. FrenchSupreme Court of Vermont · 1843
- Chariton County v. HartmanSupreme Court of Missouri · 1905
- County of Merrimack v. KimballSupreme Court of New Hampshire · 1882
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