Rolfe v. Inhabitants of Cooper
Supreme Judicial Court of Maine
This was an action of assumpsit, on an account annexed, to recover for his services as a schoolmaster in the town of Cooper.
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This was an action of assumpsit, on an account annexed, to recover for his services as a schoolmaster in the town of Cooper. From the report of Shepley J. who tried the cause, it appeared by the testimony of William McPhetres the school agent, that he employed the plaintiff to teach school in district No. 6; that there were thee members of the school committee that year, that the plaintiff exhibited a certificate from two of the committee, likewise a certificate of good moral character from the selectmen of Princeton, and a certificate from a person liberally educated, that he was well…
1Opinion of the Court
The opinion of the Court was by
Weston C. J.
The agent for the school district was officially charged with the duty of employing a master. Whthe acting within the scope of his agency, he is the duly authorized organ of the town. By the Statute of 1834, c, 129, to provide for the instruction of youth, $ 4, no person can be employed as a schoolmaster, who does not produce the certificates therein prescribed. The production of the certificates, is a condition precedent to his lawful employment. The agent, like other officers clothed with a public trust, must be presumed to have done his duty. He…
2Cited by1 opinion
- Perkins v. Inhabitants of StandishSupreme Judicial Court of Maine · 1948