Chase v. Town of Middlesex
Supreme Court of Vermont
Assumpsit for a soldier’s bounty. Plea, general issue. Trial by jury, March term, 1870, Peck, J., presiding. It was conceded the plaintiff enlisted in August, 1863, from the town of Middlesex, where he resided, and to the credit of the town of Middlesex, in the 3d battery of Vermont volunteers, without the request or knowledge of said town, and without any expectation of bounty for so doing. On the VHh October, 1863, the President called for 300,000 volunteers.
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Assumpsit for a soldier’s bounty. Plea, general issue. Trial by jury, March term, 1870, Peck, J., presiding. It was conceded the plaintiff enlisted in August, 1863, from the town of Middlesex, where he resided, and to the credit of the town of Middlesex, in the 3d battery of Vermont volunteers, without the request or knowledge of said town, and without any expectation of bounty for so doing. On the VHh October, 1863, the President called for 300,000 volunteers. The quota of defendant under this call was 18 men. On the 23d November, 1863, for the purpose of filling this quota, the defendant…
1Opinion of the Court
The opinion of the court was delivered by
Steele, J.
At a duly warned meeting to see about filling “ the quota of the town as assessed by the governor,” it was “ voted unanimously to instruct the selectmen to pay each enlisted man *683|200, when he shall be mustered into the service of the United States, up to the number of 18.” The plaintiff actually applied upon this quota of 18 men, and was one of the first eighteen to be mustered into the service from the town after the vote.
1. To his recovery of the promised bounty it is objected, first, that he enlisted without the procurement of the…
2Cited by1 opinion
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