Inhabitants of Pittston v. Clark
Supreme Judicial Court of Maine
The action was brought to recover damages occasioned by the neglect of the defendant, as their agent, to defend an action brought against them by one Blanchard, wherein he claimed the sum of $20. The facts in the case appear sufficiently in the opinion of the Court.
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The action was brought to recover damages occasioned by the neglect of the defendant, as their agent, to defend an action brought against them by one Blanchard, wherein he claimed the sum of $20. The facts in the case appear sufficiently in the opinion of the Court. On the trial, before the Chief Justice, the counsel for the defendant insisted, that acting, as he did, by a delegated au, thority, he ought not to be charged by the plaintiffs for negligence in being defaulted upon a claim, the justice of which they had re* cognized and ordered to be paid. Tlio counsel for tbe plaintiffs…
1Opinion of the Court
The opinion of the Court was subsequently drawn up by
Shepley J.
To support this action it is necessary to prove the misconduct or neglect of the agent, and that in consequence of it, the plaintiffs suffered damage. The neglect charged, consists in permitting a default to be entered by agreement in an action brought by Leonard Blanchard against the town. Before the default was entered and judgment rendered, the town had at a legal meeting voted to authorize the selectmen to pay the claim. The neglect and injury now complained of consists in not resisting the payment of a claim, which the town…
2Cited by1 opinion
- Sargent v. Inhabitants of BristolU.S. Circuit Court for the District of Maine · 1876