260 Mass. 388 | Mass. | 1927
This is an action to recover for support furnished by the plaintiff to the family of one who had a settlement in Boston. He and his family removed to Weymouth and there fell into distress and were in need of relief. Such relief was furnished by the plaintiff town from
The right of recovery depends upon the correct interpretation of G. L. c. 117, § 14. It there is provided that, when one city or town furnishes relief to a person having a settlement in another city or town, the expense of such relief “may be recovered in contract against the town hable therefor, if commenced within two years after the cause of action arises; but nothing shall be recovered for relief furnished more than three months prior to notice thereof given to the defendant.” This statute in the same words so far as here material has been in force since St. 1793, c. 59, § 9. It has been before the court for interpretation and application in numerous decisions. It was held in Attleborough v. Mansfield, 15 Pick. 19, that “the cause of action” arises within the meaning of those statutory words when the required notice is given; and that aid furnished within two years thereafter may be recovered. The expenses of relief which can be recovered in a single action thus were restricted to those furnished within a period of time beginning three months before the notice is given and two years after the notice; and the action must be commenced within two years after the notice is given. This was made the ground of the opinion. The same reason of decision in substance is given in Townsend v. Billerica, 10 Mass. 411, Harwich v. Hallowell, 14 Mass. 184, Hallowell v. Harwich, 14 Mass. 186, Walpole
Judgment is to be entered on the finding.