City of Augusta v. Inhabitants of Chelsea
Supreme Judicial Court of Maine
This was an action to recover for supplies furnished to certain paupers belonging to Chelsea. The liability of the defendants was admitted. The defendants filed in set-off an account against the plaintiffs for supplies furnished to paupers of Augusta..' The .settlement of the paupers, their necessities and the supplies claimed to have been furnished, were admitted.
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This was an action to recover for supplies furnished to certain paupers belonging to Chelsea. The liability of the defendants was admitted. The defendants filed in set-off an account against the plaintiffs for supplies furnished to paupers of Augusta..' The .settlement of the paupers, their necessities and the supplies claimed to have been furnished, were admitted. It appeared in evidence that supplies were furnished by 'Chelsea to one Bruce, a pauper of Augusta, commencing in January, 1857, in which month due. notice was given by the overseers of the poor of Chelsea to those of Augusta. In…
1Opinion of the Court
The opinion of the Court was drawn up by
Davis, J.
The demand of the plaintiffs against the defendants is not disputed. The defendants, having a demand against the plaintiffs, which is also for the support of paupers, have filed it in set-off in this action.
No demand can be filed in set-off unless it is founded on a judgment, or an express or implied contract. The demand of the defendants in this case, according to the testimony, does not rest upon any special contract. They claim to recover on the ground that they bring themselves within the statute provisions. Such a demand, for the support…
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