Great Falls Bank v. Farmington
Supreme Court of New Hampshire
Assumpsit, on a promissory note of tlie defendants, for $232.50, dated June 16, 1856, signed by E. E. Colbath and C. M. Demeritt, two of the selectmen, by order and in behalf of the town, originally páyable to H. Hollins & Co., or order, in six month's from date, and by them indorsed to the plaintiffs. The writ contained a second count for $400 money had and received. Plea, the general issue.
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Assumpsit, on a promissory note of tlie defendants, for $232.50, dated June 16, 1856, signed by E. E. Colbath and C. M. Demeritt, two of the selectmen, by order and in behalf of the town, originally páyable to H. Hollins & Co., or order, in six month's from date, and by them indorsed to the plaintiffs. The writ contained a second count for $400 money had and received. Plea, the general issue. The plaintiffs put in evidence the note declared, upon, with the indorsement thereon, and there rested the case. The defence was, that the note in suit was given for liquors purchased and sold in Boston,…
1Opinion of the CourtFowler, J.
By the express provisions of the act of July 14, 1855 (Laws of 1855, ch. 1658), it was made the duty of every city, town and place in this State to establish one or more agencies “ for the purchase of spirituous and intoxicating liquors, and for the sale thereof within such city, town or place, to be used in the arts, or for medicinal, mechanical and chemical purposes; and wine for the commemoration of the Lord’s Supper; and for no other use or purpose whatever.” The selectmen were liable to indictment for refusing to appoint an agent, *36even where the town had refused to provide the means to…
2Cases cited1 opinion
- The PloughboyU.S. Circuit Court for the District of Massachusetts · 1812
3Cited by2 opinions
- City of Concord v. TompkinsSupreme Court of New Hampshire · 1984
- Richards v. ColumbiaSupreme Court of New Hampshire · 1874