Inhabitants of Groton v. Inhabitants of Lancaster
Massachusetts Supreme Judicial Court
Assumpsit for the expenses incurred by the plaintiffs in the support of certain paupers alleged to have their legal settlement in Lancaster. The action was tried at the Court of Common Pleas for this county, and was brought to this Court pursuant to the provisions of the statute of 1817, c. 185, § 5. The only question at the trial was, whether the plaintiffs had given the defendants such notice, as the statute requires, to make them liable.
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Assumpsit for the expenses incurred by the plaintiffs in the support of certain paupers alleged to have their legal settlement in Lancaster. The action was tried at the Court of Common Pleas for this county, and was brought to this Court pursuant to the provisions of the statute of 1817, c. 185, § 5. The only question at the trial was, whether the plaintiffs had given the defendants such notice, as the statute requires, to make them liable. On this point the evidence was, that a letter, sealed and directed to the overseers of the poor of Lancaster, signed by the chairman of the overseers of…
1Opinion of the Court
* Parker, C. J.,
delivered the opinion of the Court. [ * 112 J The fact of notice being so important in most of the cases of settlement which arise in the Courts, it ought to be proved in a manner which will admit of no doubt of its being received. The town, which calls upon another town for reimbursement of expenses, or for the removal of a pauper, ought to be able to prove that the notice, made requisite by the statute, was actually delivered. To put a letter into the mail is not sufficient, as it would be among merchants, whose business it is to go daily to the post-office, and who may…
2Cited by6 opinions
- Huntley v. WhittierMassachusetts Supreme Judicial Court · 1870
- Chase v. Inhabitants of SurrySupreme Judicial Court of Maine · 1896
- President of Greenfield Bank v. CraftsMassachusetts Supreme Judicial Court · 1862
- Ware v. HunnewellSupreme Judicial Court of Maine · 1841
- Woodman v. JonesSuperior Court of New Hampshire · 1836
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