59 Conn. 531 | Conn. | 1890
This action was brought to the Court of Common Pleas in New Haven County, under Gen. Statutes, § 3752. The complaint contains three counts. The first one alleges that on a day named certain sheep of the plaintiff, worth twelve dollars, were killed by dogs within the town of Seymour, and that he gave notice, and after-wards proved to the satisfaction of the selectmen that the damage done to them thereby was twelve dollars; and the
The Court of Common Pleas has jurisdiction only when the demand exceeds one hundred dollars. On motion by the defendant that court erased the case from the docket for want of jurisdiction, and the plaintiff has appealed to this court.
It was decided in Denison v. Denison, 16 Conn., 38, that the combining of the claims in several counts would not give jurisdiction to a court, where the claim in the separate counts taken each by itself was not sufficient for that purpose. This ruling has been followed in numerous cases since, among which are Nichols v. Hastings, 35 Conn., 546 ; Hunt v. Rockwell, 41 Conn., 51, and Camp v. Stevens, 45 Conn., 92. The plaintiff does not deny the force of these decisions, but he seeks to avoid their application to this case. He says that each of the counts in the complaint sets forth facts from which the law implies a contract, and that any number of contracts may be joined and the amounts claimed in all may be added together for the purpose of conferring jurisdiction. Gen. Statutes, § 812. If the plaintiff when he brought the action believed as he now professes to believe, it is somewhat singular that he did not frame his eomphiint accordingly. The complaint declares that the town is liable by direct force of the statute, and says nothing about any contract.
But does the law imply a contract from the facts stated in any of the counts? A contract is a promise made on a consideration. Without a consideration there can be no contract express or implied. There must be a subject-matter
The plaintiff claims that wherever a statute or the common law imposes a duty or an obligation to pay money, there the law implies a promise to perform that duty or pay that money. This claim cannot be maintained. Neither a statute, nor a rule of law, alone, raises an implied promise. There must always be the fact of a consideration outside of and in addition to the statute or the rule of law. And the promise is implied rather from the consideration than from the statute. The statute or the rule establishes the duty, but the consideration raises the implied promise to perform that duty. The authorities cited by the plaintiff illustrate this perfectly. Take the citation from Pomeroy’s Remedies, § 512. The example there given is from Metcalf on Con
If the law implies a promise from a statute liability alone, to whom is such promise made? Who can sue upon it? The law requires a husband to support his wife. If he wrongfully discards her, is there an implied promise to Tier? Could she bring a suit ? Each town is required by statute to support its paupers. A is a pauper belonging to the town of Seymour. Is there an implied promise to A? Could he sue the town? If he could not, who could? Take another case. A statute says that every person who steals the pro
In the present case the town is liable, if liable at all, by the direct force of the statute. The elements of a contract are not set forth in the complaint and do not exist in the case.
There is no error in the judgment appealed from.
In this opinion the other judges concurred.