Ives v. Hulet
Supreme Court of Vermont
Assumpsit, to recover of the defendant for the maintenance and support of Patty Preston, a poor person belonging to and resident in the town of Wallingford. Plea, non-assumpsit. Issue to the country.
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Assumpsit, to recover of the defendant for the maintenance and support of Patty Preston, a poor person belonging to and resident in the town of Wallingford. Plea, non-assumpsit. Issue to the country. Upon the trial in the county court, the plaintiff introduced John Ives, as a witness, who testified that Patty Preston, a poor person, in indigent circumstances and belonging to the town of Wallingford, was found, in May, 1834, in an outbuilding of the plaintiff, apparently dead ; that shortly after-wards, the defendant, who was one of the selectmen and overseers of the poor of the town of…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
Though this case is not without its difficulties, yet I am-inclined to concur with a majority of the court in rendering judgment for the plaintiff. Two important questions arise for our consideration. Is the defendant liable upon the facts detailed in the bill of exceptions ? And, if so, can he be charged in this general action ? Though some of the evidence would tend to show an express and personal undertaking on the part of the defendant, yet, we are to decide the case ujrpn the ground that the defendant did not pledge his personal…
2Cases cited9 opinions
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Forster v. FullerMassachusetts Supreme Judicial Court · 1809
- Ballou v. TalbotMassachusetts Supreme Judicial Court · 1820
- Long v. ColburnMassachusetts Supreme Judicial Court · 1814
- Meech v. SmithNew York Supreme Court · 1831
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hudson & Co. v. Northern Pacific Railway Co.Supreme Court of Iowa · 1894
- Rayburn v. . Casualty Co.Supreme Court of North Carolina · 1906
- State v. WoodsSupreme Court of Vermont · 1935
- Cross v. DonohoeSupreme Court of Iowa · 1926
- Manning v. LeightonSupreme Court of Vermont · 1891
3 more not listed; retrieve them via the Exa API.