Legal Opinion

Poor Directors v. M'Fadden

Supreme Court of Pennsylvania

Decided October 22, 1855PublishedCited by 1 opinion

Error to the Court of Common Pleas of Orawford county. By the Act of Assembly of April 15, 1851, the county commissioners of Crawford county, for the time being, and their successors in office, or any two of them, were constituted a board of directors of the poor and of the house of employment, in the county of Crawford, and, as such, created a body politic and corporate, to sue and be sued, by the name, style, and title of “ The Directors of the Poor and of the House of…

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Error to the Court of Common Pleas of Orawford county. By the Act of Assembly of April 15, 1851, the county commissioners of Crawford county, for the time being, and their successors in office, or any two of them, were constituted a board of directors of the poor and of the house of employment, in the county of Crawford, and, as such, created a body politic and corporate, to sue and be sued, by the name, style, and title of “ The Directors of the Poor and of the House of Employment, in the County of Orawford,” and by that name authorized to erect suitable buildings for the reception, use, and…

1Opinion of the Court

The opinion was delivered

2Per curiam

— This is the defendants’ covenant, and that is all that it is alleged to be. It is not void because of its defective execution, as a covenant, by the plaintiffs. They may sue on it in covenant, though possibly a suit upon it against them might need to be in assumpsit. This is sufficiently shown in School Directors v. M'Bride, 22 State R. 215. It is properly alleged to be a covenant by defendants with the plaintiffs. This is all that we are asked to decide.

Judgment reversed and new trial awarded, and record remitted.

3Cited by1 opinion

  1. Jennings v. McCombSupreme Court of Pennsylvania · 1886

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