Otis v. Strafford
Superior Court of New Hampshire
Assumpsit, for the support of a pauper, named Molly Otis, from April, 1836, to June 30, 1837. The case was tried on the general issue, and a verdict was found for the plaintiff. It was admitted that the pauper had her settlement in Strafford at the time the support was furnished, and was poor and unable to support herself, and that the plaintiff maintained her during that time.
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Assumpsit, for the support of a pauper, named Molly Otis, from April, 1836, to June 30, 1837. The case was tried on the general issue, and a verdict was found for the plaintiff. It was admitted that the pauper had her settlement in Strafford at the time the support was furnished, and was poor and unable to support herself, and that the plaintiff maintained her during that time. It appeared that the pauper was the sister of the plaintiff, and from imbecility of mind, and other causes, was wholly incapable of taking care of herself j that she had lived in the family of the plaintiff, and been…
1Opinion of the CourtUpham, J.
It is well settled that towns are not liable by the common law to support paupers, and that no implied promise can arise against them for such support. The authorities cited by the defendant’s counsel clearly sustain this position.
*355The obligation resting upon the town, then, is wholly under the provisions of the statute; and the sole provision of the statute in this respect is, that when any person in any town in this state shall be poor and unable to maintain him, or herself, such person shall be relieved and maintained by the overseers of the poor of the town where such person shall happen…
2Cases cited2 opinions
- Minklaer v. RockfellerNew York Supreme Court · 1826
- Woodes v. DennettSuperior Court of New Hampshire · 1837
3Cited by4 opinions
- State Ex Rel. Scott v. RoperSupreme Court of Missouri · 1985
- Bruggeman v. Ind. Sch. Dist.Supreme Court of Iowa · 1939
- Glidden v. Town of UnitySuperior Court of New Hampshire · 1855
- State Ex Rel. Scott v. RoperSupreme Court of Missouri · 1985