Kinsley v. Norris A.

Supreme Court of New Hampshire

Kinsley v. Norris A.

62 N.H. 652

Supreme Court of New Hampshire·Decided June 5, 1883·Published·Cited by 1 cases

Opinion

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.

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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.

Kinsley v. Norris A., 62 N.H. 652 (N.H. 1883).

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Opinion

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