Hartwell v. Town of Newark
Supreme Court of Vermont
Aotion for a bounty. Plea, tbe general issue. Trial by jury, June term, 1868, Steele, J., presiding. Verdict, by order of tbe court, for the defendants for their costs. Exceptions by the plaintiff. The plaintiff enlisted November 20, 1863, in company B of the 11th Vermont regiment, and served until he was honorably discharged.
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Aotion for a bounty. Plea, tbe general issue. Trial by jury, June term, 1868, Steele, J., presiding. Verdict, by order of tbe court, for the defendants for their costs. Exceptions by the plaintiff. The plaintiff enlisted November 20, 1863, in company B of the 11th Vermont regiment, and served until he was honorably discharged. He applied upon the defendants’ quota under the president’s call of October 17,1863. At the time he enlisted, other towns in the vicinity were paying a bounty of f300. The plaintiff’s evidence tended to show that he was induced to allow his name to pass to the…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
In deciding upon the ruling of the county court, we must assume that the jury would have found all the facts that the evidence on the part of the plaintiff tended to show, had the court allowed the case to go to the jury. The case then shows clearly a contract between the plaintiff and the selectmen, that the town should pay the plaintiff as much bounty as the town should vote to others; that the plaintiff, relying on that promise of the selectmen, enlisted to the credit of the defendant town, when other towns in the vicinity were paying a…
2Cited by1 opinion
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