Legal Opinion

Town of Thetford v. Hubbard

Supreme Court of Vermont

Decided March 15, 1850PublishedCited by 4 opinions

Assumpsit upon a promissory note for $16,50, dated April 1, 1844, and payable in one year from date. The action was commenced before a justice of the peace, and the defendant filed in offset there a claim upon book account, to the amount of more than $30,00. After judgment and appeal, the defendant pleaded in the county court the general issue, and also filed a declaration in offset upon book account, under Rev. St., chap. 34, sec. 8-11. Upon the declaration in offset…

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Assumpsit upon a promissory note for $16,50, dated April 1, 1844, and payable in one year from date. The action was commenced before a justice of the peace, and the defendant filed in offset there a claim upon book account, to the amount of more than $30,00. After judgment and appeal, the defendant pleaded in the county court the general issue, and also filed a declaration in offset upon book account, under Rev. St., chap. 34, sec. 8-11. Upon the declaration in offset judgment to account was rendered, and an auditor was appointed, who reported, that there was due from the plaintiffs to the…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The first question made in the present case is in regard to the validity of the defendant’s note, given to the town for the price of the office of constable, which was set up at auction in open town meeting and sold to the highest bidder, the defendant, for $16,50, for which he gave the note in suit.

It is claimed, that this note is void, the consideration being illegal, or for the price of a thing, the sale of which the law will not countenance. In the absence of all statute law upon the subject, I should incline to the same view. I think,…

2Cited by4 opinions

  1. Berthold v. ReyburnSupreme Court of Missouri · 1866
  2. Hancock v. Town of WorcesterSupreme Court of Vermont · 1889
  3. Meacham v. DowSupreme Court of Vermont · 1860
  4. Goodsell v. Rutland-Canadian R. R.Supreme Court of Vermont · 1902

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