Legal Opinion

Adams v. Whittlesey

Supreme Court of Connecticut

Decided June 29, 1821PublishedCited by 8 opinions

THIS was an action of book-debt, demanding the sum of 450 dollars; which was tried on the general issue, at Danbu-ry, September term, 1819, before Hosmer, Ch. J. On the trial, the plaintiff exhibited his account, consisting of sundry items, amounting to the sum of 418 dollars, 88 cents, for labour done, and expenses incurred, in making and repairing a certain public highway, in the town of Fairfield, which it was the duty of that town to maintain ; for which he claimed, that…

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THIS was an action of book-debt, demanding the sum of 450 dollars; which was tried on the general issue, at Danbu-ry, September term, 1819, before Hosmer, Ch. J. On the trial, the plaintiff exhibited his account, consisting of sundry items, amounting to the sum of 418 dollars, 88 cents, for labour done, and expenses incurred, in making and repairing a certain public highway, in the town of Fairfield, which it was the duty of that town to maintain ; for which he claimed, that the defendant was liable in this action. The defendant admitted, that he had employed the plaintiff to make and repair…

1Opinion of the Court

Hosmer, Ch. J.

This is an action of book-debt for the making and repairing of a high-way.

The county court of Fairfield county, on the complaint of the state’s attorney, directed the select-men of Fairfield, within a specified time, to put a certain public high-way within that town, in good and suflicient repair; and in case of their neglect, appointed the defendant “an agent,” to do it, at the expense of the select-men. For the performance of this duty, he was to exhibit his account to the court for adjustment, “ that execution might issue against the select-men for the money” he should expend.

2Cases cited3 opinions

  1. Hodgson v. DexterSupreme Court of the United States · 1803
  2. Brown v. AustinMassachusetts Supreme Judicial Court · 1804
  3. Sheffield v. WatsonNew York Supreme Court · 1805

3Cited by8 opinions

  1. A. Dubreuil & Sons, Inc. v. Town of LisbonSupreme Court of Connecticut · 1990
  2. Deming v. BullittIndiana Supreme Court · 1823
  3. Aven v. BeckomSupreme Court of Georgia · 1852
  4. Perry v. HydeSupreme Court of Connecticut · 1834
  5. Computer Reporting Services, LLC v. Lovejoy & Associates, LLCConnecticut Appellate Court · 2016

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