Legal Opinion

Stewart v. Inhabitants of Sherman

Supreme Court of Connecticut

Decided June 15, 1823PublishedCited by 4 opinions

The mere fact that A. was instrumental is procuring B., who was abroad, to return to the town in which he had a legal settlement, for the purpose of compelling such town to support him, implies no fraud on the part of A. Where it appeared, in an action brought by A. against the town of S., for support furnished to B., alleged to be a pauper of that town, that B. was without his own knowledge, the proprietor of a promissory note for 96 dollars, against a person able to make…

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The mere fact that A. was instrumental is procuring B., who was abroad, to return to the town in which he had a legal settlement, for the purpose of compelling such town to support him, implies no fraud on the part of A. Where it appeared, in an action brought by A. against the town of S., for support furnished to B., alleged to be a pauper of that town, that B. was without his own knowledge, the proprietor of a promissory note for 96 dollars, against a person able to make payment, which note, during the period of furnishing support, was in the hands of A.; it was held, that while this…

1Opinion of the Court

Hosmer, Ch. J,

The defendant, in the first place, contends, that Elihu Wright, the supposed pauper, having been induced to return from a neighbouring state, to the town of Sherman, by the persuasions of the plaintiff, the act was fraudulent, and a legal bar to his recovery.

From the motion, it appears, that Wright had been many years absent; and that the plaintiff, his brother-in-law, went after him, and persuaded him to return, for the purpose of compelling the town to support him. These facts, considered abstractedly, imply no fraud, nor any thing incompatible with fair, upright, honourable…

2Cited by4 opinions

  1. Town of Rhine v. City of SheboyganWisconsin Supreme Court · 1892
  2. Polk County v. OwenSupreme Court of Iowa · 1919
  3. Town of Holland v. Town of BelgiumWisconsin Supreme Court · 1886
  4. Peters v. Town of LitchfieldSupreme Court of Connecticut · 1867

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