Gourley v. Allen
Court for the Trial of Impeachments and Correction of Errors
■ On error from the Supreme Court. The cause was originally commenced November 13th, 1818, before a justice of the peace of Washington county. In that court, Allen & M’Allister, plaintiffs, sued Gourley & Wood, defendants, who were both served with a summons, returnable the 20th (then) inst.
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■ On error from the Supreme Court. The cause was originally commenced November 13th, 1818, before a justice of the peace of Washington county. In that court, Allen & M’Allister, plaintiffs, sued Gourley & Wood, defendants, who were both served with a summons, returnable the 20th (then) inst. The plaintiffs in that court then declared against the defendants, as overseers of the poor of the town of Hebron, for fifty dollars, or under, for work and labor, as surgeons and physicians, for a pauper, chargeable to the town of Hebron, which the defendants had promised to pay. Plea, the general issue.…
1Concurrence
Sanford, Chancellor, concurred.
He said he had not written an opinion in the cause ; and should not go over the ground examined by Mr. Golden; but would notice one *652point which Mr. C. had deemed it unnecessary to discuss, As had been observed by Mr. C. the. action was brought in the court below, not against those gentlemen who were overseers of Hebron, when the services in, question were performed, but their successors in office. In view to this point, the court were referred, on the argument, to Todd v. Birdsall, (1 Cowen’s Rep. 260 ;) and he admitted, with the case cited, that for a clear…
2Cases cited2 opinions
- Everts v. AdamsNew York Supreme Court · 1815
- Voorhis v. Whipple & HawesNew York Supreme Court · 1810