71 Vt. 78 | Vt. | 1899
These cases were heard together. The facts, rulings and exceptions were substantially alike in both cases. The actions are assumpsit for the recovery of one
It did not appear, nor was there an offer to show, that the town’s property had been injured by the removal of the body, or otherwise; that the town had a cause of action, against any one therefor; or that the reward was offered, for the arrest and conviction of a person or persons for injuring or taking away the town’s property. The reward was offered for the arrest and conviction of the person or persons who removed the body, and for its return. The-poster that came to the plaintiff’s knowledge, and on which
V. S. 3083, authorizes towns to vote such sums of money as deemed necessary for the support of the poor, for laying out and repairing highways, for the prosecution and defence of the common rights and interests of the inhabitants, and for other incidental town expenses. This section confers no
The selectmen of the town of Norwich did not incur a personal liability by causing to be posted a notice that the town would pay one thousand dollars for the purposes therein stated. The plaintiff, in performing the service for which he claims to recover, was bound to know whether the town could bind itself by contract to pay for such service, and, inasmuch as it could not, the case does not fall within the rule, that an agent is personally liable when he fails to bind his principal for want of authority.
If the town had directed the selectmen to offer the reward in its name, the plaintiff would have been no better off; he could not have recovered. Therefore, he loses nothing by reason of want of authority in the selectmen to bind their principal. In Taft v. Pittsford, 28 Vt. 286, is is held that the plaintiff making a contract with a public board of officers, is bound to know how far the powers of such officers are limited, and in what event they cease and their work is stayed, and to understand that his contract with them will be subject to such limitations and restrictions as the general public statutes of the State impose upon the subject matter. The case of Clay v. Wright, 44 Vt. 538, was an action to
Huthsing y. Bousquet, 2 McCrary 152, was an action to recover a reward offered by the supervisors of a county for the arrest and conviction of thieves who had robbed the treasury of the county, and for the recovery of the money ; and the plaintiff sought to charge the supervisors personally, on the ground, that, not binding their principal, they bound themselves. The court, in holding that the supervisors were not liable, said: “The case stands upon this principle. The board of supervisors had no authority by law to make the contract on which the plaintiff relies in this action. The plaintiff was bound to know the law, and we must proceed upon the assumption that he did when he accepted the offer, and performed the services. The offer was ultra vires. The plaintiff knew it, it was his own folly to accept such an offer, and the court cannot relieve him.”
Judgments affirmed.