Edson v. Town of Pawlet
Supreme Court of Vermont
Book Account. Judgment to account was rendered, and auditors were appointed, who reported the facts as follows. The plaintiff's account was for services rendered by him, as a physician, in attending upon a pauper, who was chargeable to Paw-let.
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Book Account. Judgment to account was rendered, and auditors were appointed, who reported the facts as follows. The plaintiff's account was for services rendered by him, as a physician, in attending upon a pauper, who was chargeable to Paw-let. One of the three overseers of the poor of Pawlet employed the plaintiff to make his first visit to the pauper; and at that time a contract was made, between the overseer and the plaintiff, that the plaintiff should continue to attend upon the pauper, and that, if Pawlet should, by a contemplated order of removal, succeed in establishing the legal…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
It is insisted, in behalf of the defendants, that the contract between the plaintiff and the town was a wagering contract, and for that reason should be held illegal and void. Since the case of Collamer v. Day, 2 Vt, 146, the doctrine has been considered as settled in this state, that all wagers are illegal, and that therefore the winning party to a wager will in no case be allowed to recover of the loser for the money or property won. If in this case the plaintiff is to be considered as suing for the recovery of a wager, there can be no doubt…
2Cases cited1 opinion
- Town of Pawlet v. Town of SandgateSupreme Court of Vermont · 1847
3Cited by1 opinion
- Ballard v. BrownSupreme Court of Vermont · 1895