Damon v. Inhabitants of Granby
Massachusetts Supreme Judicial Court
This was an action of debt. The plaintiff, m his first count, alleged that on the 22d of February, 1820, by Daniel Smith &c., a committee of the inhabitants of Granby duly appointed and authorized by them to contract for and superintend the building of a meetinghouse in that town, by their writing obligatory sealed with their seal, it was agreed by and between the plaintiff and the defendants, that the plaintiff should build a house for public worship &c., and that the…
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This was an action of debt. The plaintiff, m his first count, alleged that on the 22d of February, 1820, by Daniel Smith &c., a committee of the inhabitants of Granby duly appointed and authorized by them to contract for and superintend the building of a meetinghouse in that town, by their writing obligatory sealed with their seal, it was agreed by and between the plaintiff and the defendants, that the plaintiff should build a house for public worship &c., and that the defendants, in consideration that the plaintiff should build the meetinghouse in such place as a committee appointed for that…
1Opinion of the Court
Parker C. J.
Upon the first issue several questions of law have arisen, growing out of objections made at the trial. In the first place, it is insisted that the covenant declared on as a deed, was not proved to be the deed of the defendants by legal evidence, the seals being the individual seals of the several persons who acted as a committee of the town, and not the seal or seals of the inhabitants in their corporate capacity. And we think that in no sense can the instrument be *373construed to be the deed of the inhabitants. It may be questionable whether the inhabitants of a town can contract…
2Cases cited3 opinions
- Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Inhabitants of Springfield v. MillerMassachusetts Supreme Judicial Court · 1815