Hillsborough County v. Londonderry
Supreme Court of New Hampshire
Assupmsit, brought upon the statute to recover a certain sum of money alleged to have been paid out by said county for the support and maintenance of one Parker G-. Melvin at the New-Hampshire Asylum for the Insane.
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Assupmsit, brought upon the statute to recover a certain sum of money alleged to have been paid out by said county for the support and maintenance of one Parker G-. Melvin at the New-Hampshire Asylum for the Insane. The declaration is as follows: “In a plea of the case for that by the Revised Statutes of said State passed on the 23d day of December, 1842, it is among other things enacted, that any insane person committed to the asylum (meaning the New-Hampshire Asylum for the Insane), by any court or judge of probate, shall be supported by the county from which he was committed, and any sum…
1Opinion of the CourtSargent, J.
Two questions only are raised by the demurrer, (1) that no sufficient demand is alleged, (2) that the action should have been case and not assumpsit. The second ground of demurrer is not tenable. Assumpsit lies on an implied promise to discharge a legal obligation created by statute; 1 Sel. N. P. 73; Rann v. Green, Cowp. 474; and the law implies a promise coextensive with the obligation. It is the general rule, that for money accruing, due under the provisions of a statute, the action of assumpsit may be supported, unless some other remedy is expressly given. Bell v. Burrows, Bull. N. P. 129;…
2Cases cited7 opinions
- Inhabitants of Bath v. Inhabitants of FreeportMassachusetts Supreme Judicial Court · 1809
- Danville v. PutneySupreme Court of Vermont · 1834
- Town of Brookline v. Town of WestminsterSupreme Court of Vermont · 1832
- Town of Londonderry v. Town of WindhamSupreme Court of Vermont · 1829
- McGee v. AndersonCourt of Appeals of Kentucky · 1841
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3Cited by1 opinion
- Washington-Alaska Bank v. StewartCourt of Appeals for the Ninth Circuit · 1911