Legal Opinion

Durfey v. Town of Worcester

Supreme Court of Vermont

Decided January 15, 1891PublishedCited by 4 opinions

General assumpsit. Plea, tlie general issue. Trial by jury at the April term, 1890, Taft, The defendant excepts. The plaintiff sued for the keeping of a pauper from December 1, 1888, to March 1, 1889. The pauper was a helpless cripple, and there was a dispute between the defendant and the town of East Montpelier as to which was liable for his support.

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General assumpsit. Plea, tlie general issue. Trial by jury at the April term, 1890, Taft, The defendant excepts. The plaintiff sued for the keeping of a pauper from December 1, 1888, to March 1, 1889. The pauper was a helpless cripple, and there was a dispute between the defendant and the town of East Montpelier as to which was liable for his support. The plaintiff testified that he made a contract with the overseer of the poor of the defendant to care for the pauper until the terruination of this suit at a given price per week.' The defendant admitted the contract but claimed that it…

1Opinion of the Court

The opinion of the court was delivered by

MUNSON, J.

The plaintiff seeks to recover of the defendant town compensation for the keeping of a pauper. An express contract existed between the parties in regard to this service, and there was no dispute as to any of its provisions except the one relating to its termination. The plaintiff claimed that he was hired to keep the pauper, until the determination of a certain suit. The defendant claimed that the service was to continue only until further notice. It has been ascertained by a special verdict that this part of the contract was as the plaintiff…

2Cases cited1 opinion

  1. W. R. Danforth & Co. v. WalkerSupreme Court of Vermont · 1864

3Cited by4 opinions

  1. Town School District v. Town School DistrictSupreme Court of Vermont · 1905
  2. Eshelman v. County of ClintonAppellate Court of Illinois · 1900
  3. Baldwin v. Town of WorcesterSupreme Court of Vermont · 1894
  4. Newton v. Town of WaterfordSupreme Court of Vermont · 1895

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