Chamberlain v. Inhabitants of Dover
Supreme Judicial Court of Maine
This was an action of assumpsit on a contract dated January 24, 1834, made with the plaintiffs, by A. S. Patten and E. II, Favor, assuming to be authorized by the defendants to contract to build a bridge at the great falls in Dover, and was tried before Weston C. J. To prove the authority of Patten and Favor to make the contract in behalf of the defendants, the plaintiffs called Flavel Bartlett, the town clerk of Dover for the years 1834 and 1835, who produced the records of…
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This was an action of assumpsit on a contract dated January 24, 1834, made with the plaintiffs, by A. S. Patten and E. II, Favor, assuming to be authorized by the defendants to contract to build a bridge at the great falls in Dover, and was tried before Weston C. J. To prove the authority of Patten and Favor to make the contract in behalf of the defendants, the plaintiffs called Flavel Bartlett, the town clerk of Dover for the years 1834 and 1835, who produced the records of the town, and testified, that the entry in the margin of the record of the proceedings of the meeting of Jan. 15, 1834,…
1Opinion of the Court
After a continuance, nisi, the opinion of the Court was drawn up by
Weston C. J.
— It was the duty of the town clerk to record the doings and proceedings of the town. And if through inad-vertency or misapprehension, the record has been defectively made, it is competent for him while in office to complete it, by amending it according to the truth. He acts at his peril, and will be liable, if he falsifies or mistakes what it is his duty to record. Welles et als. v. Battelle et als. 11 Mass. R. 477, is a case exactly in point. The town clerk testified, that the record is true as amended which, at…
2Cases cited1 opinion
- Welles v. BattelleMassachusetts Supreme Judicial Court · 1814
3Cited by5 opinions
- Vaughn v. School District Thirty-OneOregon Supreme Court · 1895
- Opinion of the JusticesSupreme Judicial Court of Maine · 1965
- Sawyer v. Manchester & Keene RailroadSupreme Court of New Hampshire · 1882
- County of DuPage v. Commissioners of HighwaysIllinois Supreme Court · 1892
- Semke v. WilesSupreme Court of Oklahoma · 1924