Morse v. Earl
New York Supreme Court
Motion in arrest of judgment. The plaintiff declared against the defendants, as overseers of the poor of the town of Andes, and alleged that on the 19th July, 1828, John Bassett and Jesse Burtch, then overseers of the poor of the town of Andes, agreed with Elizabeth Earl to pay her ^ per week for the maintenance and support of a bastard child, of which she had been delivered, and which was chargeable to the town of Andes ; and that in pursuance of such agreement, Elizabeth…
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Motion in arrest of judgment. The plaintiff declared against the defendants, as overseers of the poor of the town of Andes, and alleged that on the 19th July, 1828, John Bassett and Jesse Burtch, then overseers of the poor of the town of Andes, agreed with Elizabeth Earl to pay her ^ per week for the maintenance and support of a bastard child, of which she had been delivered, and which was chargeable to the town of Andes ; and that in pursuance of such agreement, Elizabeth Earl did maintain and support the child for the period of one year; and further, that on the first of June, 1830, he, the…
1Opinion of the Court
By the court,
Savage, Ch. J.
The defendants move in arrest of judgment on three grounds ; the first of which is, that there is no averment in the declaration of a promise by the defendants. Itis a sufficient answer that the'promise of Bassett andBurtch,iflegallymade, is bindingupon theirsuccessors. The statute declares, “ When any contract shall have been entered into, or any liability shall have been incurred by or in behalf of any county or town by any officer thereof, within the scope of his authority, the same remedies may be had against any successor of such officer, in his official…
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