Town of Troy v. Aiken
Supreme Court of Vermont
Case. The declaration was as follows: “ For that heretofore, to wit, on the first Tuesday of March, 1869, the defendant, and D. W. Porter, and S. B. Hammond, were, at a legal meeting of the legal voters of said town of Troy, legally warned and held at said Troy on the day last aforesaid, elected selectmen of said town for the year then next ensuing; and the said defendant, and the said Porter and Hammond, immediately thereafter proceeded to transact the necessary business of…
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Case. The declaration was as follows: “ For that heretofore, to wit, on the first Tuesday of March, 1869, the defendant, and D. W. Porter, and S. B. Hammond, were, at a legal meeting of the legal voters of said town of Troy, legally warned and held at said Troy on the day last aforesaid, elected selectmen of said town for the year then next ensuing; and the said defendant, and the said Porter and Hammond, immediately thereafter proceeded to transact the necessary business of said town as the selectmen thereof, and in transacting and managing said business, it became necessary, on the 20th day…
1Opinion of the Court
The opinion of the court was delivered by
Ronce, J.
The notes which the defendant and Porter and Hammond executed as selectmen of the town of Troy, were executed by them as the agents and servants of the town ; and in the negotiation and sale of the note by the defendant to Robinson, he acted as the agent of the town. The defendant now seeks to avoid all legal responsibility to his principal, upon the novel theory that his principal had no legal authority to execute the note upon which he procured the money. As between principal and agent, moneys received by the agent upon securities executed…
2Cited by3 opinions
- Thayer v. PartridgeSupreme Court of Vermont · 1875
- Sprague v. FletcherSupreme Court of Vermont · 1894
- McGuire v. KivelandSupreme Court of Vermont · 1884