Legal Opinion

Treasurer & Receiver General v. Sermini

Massachusetts Supreme Judicial Court

Decided January 11, 1918PublishedCited by 10 opinions

Contract under St. 1909, c. 504, § 82, by the Treasurer and Receiver General, at the request of the State board of insanity, to recover for the support of the defendant’s daughter Lena Morin at the price of $2.50 a week at the Northampton State Hospital for the insane. Writ dated March 31, 1915. In the Superior Court the case was heard by O’Connell, J., without a jury. The essential facts found by him are stated in the opinion.

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Contract under St. 1909, c. 504, § 82, by the Treasurer and Receiver General, at the request of the State board of insanity, to recover for the support of the defendant’s daughter Lena Morin at the price of $2.50 a week at the Northampton State Hospital for the insane. Writ dated March 31, 1915. In the Superior Court the case was heard by O’Connell, J., without a jury. The essential facts found by him are stated in the opinion. The plaintiff offered evidence to prove that Eugene W. Morin, the husband of Lena Morin, had no property at the date of the writ or at the time of the trial and was…

1Opinion of the CourtCrosby, J.

This is an action at law brought by the plaintiff in his official capacity under St. 1909, c. 504, § 82, to recover for the Commonwealth certain charges for the support of one Lena Morin, while she was an inmate of one of the State hospitals for the insane. A judge of the Superior Court has found certain facts, admitted by both parties at the trial, which are sufficient to establish liability, if, as matter of law, the defendant can be charged for the support so furnished.

The inmate died in the hospital on December 24, 1914. She was a daughter of the defendant, and on the date of her…

2Cases cited4 opinions

  1. Inhabitants of Templeton v. StrattonMassachusetts Supreme Judicial Court · 1880
  2. Gleason v. City of BostonMassachusetts Supreme Judicial Court · 1887
  3. Inhabitants of Arlington v. LyonsMassachusetts Supreme Judicial Court · 1881
  4. Inhabitants of Fairhaven v. HowlandMassachusetts Supreme Judicial Court · 1913

3Cited by10 opinions

  1. Paige v. SinclairMassachusetts Supreme Judicial Court · 1921
  2. Barry v. SparksMassachusetts Supreme Judicial Court · 1940
  3. Creeley v. CreeleyMassachusetts Supreme Judicial Court · 1927
  4. Orlandella v. OrlandellaMassachusetts Supreme Judicial Court · 1976
  5. State v. BatemanSupreme Court of Kansas · 1922

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