Wheeler v. Alton
Supreme Court of New Hampshire
Assumpsit, for board furnished a school teacher and for money paid for her services. Facts found by the court. In 1888 the plaintiff was one of the school board of the school district of Alton, coterminous with the limits of the town of Alton. He examined the teacher, gave her a certificate of qualification, employed her to teach the school, furnished her with board during the school term, and paid her for her services.
Read the full summary
Assumpsit, for board furnished a school teacher and for money paid for her services. Facts found by the court. In 1888 the plaintiff was one of the school board of the school district of Alton, coterminous with the limits of the town of Alton. He examined the teacher, gave her a certificate of qualification, employed her to teach the school, furnished her with board during the school term, and paid her for her services. She was not examined by either of the other two members of the school board, and had no certificate of examination from either of them. In a suit brought by the plaintiff…
1Opinion of the CourtCarpenter, C. J.
In his suit against the district the plaintiff failed because school districts are not liable for wages paid or for board furnished to teachers. Wheeler v. Alton School District, 66 N. H. 540. This action is against the town which, though coterminous with the school district, is a distinct and separate organization. Sargent v. District, 68 N. H. 528. The plaintiff does not claim that his action can be maintained unless the defendants — the town of Alton — are made liable by virtue of their vote in 1895 to raise money -to pay the plaintiff’s demand. A town cannot by vote make itself liable to…
2Cases cited2 opinions
- Usher v. Town of ColchesterSupreme Court of Connecticut · 1866
- Cole v. Inhabitants of BedfordMassachusetts Supreme Judicial Court · 1867
3Cited by3 opinions
- Union School District v. District No. 20Supreme Court of New Hampshire · 1902
- Toussaint v. FogartySupreme Court of New Hampshire · 1922
- Horne v. Chester School DistrictSupreme Court of New Hampshire · 1910