Inhabitants of Marshpee v. Inhabitants of Edgartown
Massachusetts Supreme Judicial Court
Assumpsit for supplies furnished to five persons, whose settlement was alleged to be in Edgartown. At the trial, the plaintiffs offered no evidence to show that the paupers had their settlement in Edgartown ; but they proved, that on the 20th of June, 1836, they duly notified to the defendants, that the paupers in question were in distress and requested their removal ; and they claimed to recover in this action, on the ground that the defendants did not reply to such notice…
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Assumpsit for supplies furnished to five persons, whose settlement was alleged to be in Edgartown. At the trial, the plaintiffs offered no evidence to show that the paupers had their settlement in Edgartown ; but they proved, that on the 20th of June, 1836, they duly notified to the defendants, that the paupers in question were in distress and requested their removal ; and they claimed to recover in this action, on the ground that the defendants did not reply to such notice within two months from the time when it was received by them. The defendants attempted to show that they did reply to…
1Opinion of the Court
Morton J.
afterward drew up the opinion of the Court. The facts having been found, that the plaintiffs duly notified the defendants, and that they did not return an answer within two months, the plaintiffs contend, that the defendants are es-to^ed from disputing the settlement of the paupers. But, on the other hand, the defendants, admitting the general doctrine of estoppel in such cases, deny that under the circumstances of this case, they are concluded.
The law in relation to the effect of unanswered notices upon the settlement of paupers, was well settled under St. 1793, c. 59 ; and we have…
2Cases cited5 opinions
- Inhabitants of Townsend v. Inhabitants of BillericaMassachusetts Supreme Judicial Court · 1813
- Inhabitants of Hallowell v. Inhabitants of HarwichMassachusetts Supreme Judicial Court · 1817
- Inhabitants of Leicester v. Inhabitants of RehobothMassachusetts Supreme Judicial Court · 1808
- Inhabitants of Newton v. Inhabitants of RandolphMassachusetts Supreme Judicial Court · 1820
- Miller v. MillerMassachusetts Supreme Judicial Court · 1815