Supreme Court of New Hampshire, 1883

Kinsley v. Norris A.

Supreme Court of New Hampshire · Decided June 5, 1883 · Stanley, Allen, Blodgett, Cabpenteb

62 N.H. 652

Counsel

O. R. Morrison, for the plaintiff., Bingham, Mitchells 8f Batchellor, Bingham, Aldrich Remich, and Burleigh §• Adams, for the defendants.

Opinion of the Court

Stanley, J.

A town by vote of a majority may release a •debtor. Ford v. Clough, 8 Me. 334, 344; Nelson v. Milford, 7 Pick. 18. The town having duly authorized its agent to settle the •suits, the town and its citizens and tax-payers are bound by a settlement made in good faith by him. and the defendants. Horn v. Whittier, 6 N. H. 88; Denniston v. School District, 17 N. H. 429; Carleton v. Bath, 22 N. H. 559. The bill will be dismissed unless the plaintiff shows that the settlement was fraudulent, or beyond the range of municipal power. The town should be made a party, and for that purpose the plaintiff can move for leave to amend.

Case discharged.

Allen, Blodgett, and Cabpenteb, JJ., did not sit: the others concurred.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.