310 Mass. 217 | Mass. | 1941
These are three actions of contract to recover sums paid by the plaintiff for the support of the wife and minor children of one Laurie, during different periods of time between July 5, 1935, and June 30, 1938, on the ground that Laurie during these periods had a settlement in the defendant city. The cases were referred to an auditor who found for the plaintiff. The actions were then tried upon the reports of the auditor together with other evidence. The parties stipulated as to the amount of damages in each case if the plaintiff was entitled to recover and the judge found for the plaintiff in these respective amounts. The only issue raised is the settlement of Laurie at the time
There was evidence that Laurie, since his marriage in Worcester in 1910, continued to live there with his wife and children until he deserted them on February 8, 1917, by going to Springfield, where he resided until he was inducted into the military service of the United States on September 22, 1917. He remained in Springfield between February 8, 1917, and September 22, 1917, except upon four occasions when he returned to Worcester, twice to answer complaints for nonsupport to which he pleaded guilty, once to attend a funeral, and once to work there for a few days. Shortly after he received an honorable discharge from the military service, he went to Vermont in October, 1919, where he was employed until October, 1925, when he returned and has since resided in Springfield. He has paid a poll tax each year since 1926 to Springfield and has voted in that city. His wife has always resided in Worcester. The judge found that Laurie was actually residing in Springfield when he was inducted into the military service on September 22, 1917; that he acquired a new settlement in Springfield in October, 1930; and that he did not know that any of his dependents were receiving aid from either the plaintiff or the defendant during the five years prior to October, 1930.
The defendant contends that the finding that Laurie actually resided in Springfield at the time he entered the army was unwarranted but that, if this finding was correct, then Laurie lost his settlement in Springfield by establishing his domicil in Vermont and his dependents likewise lost any settlement in Springfield, and finally, that Laurie did not acquire a new settlement in Springfield in October, 1930, because from 1925 to 1930 his wife and children were receiving aid from the city of Worcester.
We need not decide these various contentions, for the defendant properly concedes that the finding that Laurie acquired a new settlement in Springfield in 1930 is decisive if it was warranted by the evidence. The auditor found that he had resided in Springfield and had his domicil in
The defendant urges that the receipt of aid by Laurie’s daughter from Springfield and the receipt of aid by his wife and children from Worcester prevented Laurie from gaining a settlement in Springfield at any time after his return from Vermont in 1925. It is true that a person cannot gain a settlement by residence in a town for the statutory period if he has during said period accepted relief either from that town or from some other town, unless he has reimbursed the town that furnished it, and he is also barred if, upon his request or with his knowledge, such relief was furnished to his dependents. Taunton v. Middleborough, 12 Met. 35. Oakham v. Sutton, 13 Met. 192. Charlestown v. Groveland, 15 Gray, 15. Treasurer & Receiver General v. Dedham, 300 Mass. 238. But it is also true that one is not prevented from securing a settlement on account of relief furnished without his knowledge to his wife or minor or dependent children. Berkeley v. Taunton, 19 Pick. 480. Wareham v. Milford, 105 Mass. 293.
The defendant contends that the last two decisions are no
Exceptions overruled.