Hurd v. Inhabitants of St. Albans
Hurd v. Inhabitants of St. Albans
Opinion of the Court
This is a suit to recover money supposed to have
It is now settled law ill this state that no suit can be maintained against a town to recover money loaned to its officers, unless the plaintiff proves that the officers had authority to hire the money, or that the hiring has been ratified by the town, or that the money has been applied to the legitimate uses of the town and such apx>lication ratified by the town. Even the payment of a town debt with money hired without authority will not be sufficient to charge the town, unless the town has ratified the payment. Lincoln v. Stockton, 75 Maine, 141; Otis v. Stockton, 76 Maine, 506; Brown v. Winterport, 79 Maine, 563.
A careful examination of the evidence in this case fails to satisfy us that the selectmen had authority to hire the money sued for, or to give the orders declared on, or that the money, or any portion of it, has been applied to the legitimate uses of the town, or to the payment of any town debt, or that the town has ever ratified the action of its officers in any of these particulars. It is therefore clear that the action is not maintainable.
Judgment for defendants.
Reference
- Full Case Name
- Henry A. Hurd, admr. v. Inhabitants of St. Albans
- Status
- Published