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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. 659 . 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 CARPENTER, JJ., did not sit: the others concurred.
Document Info
Citation Numbers: 62 N.H. 652
Judges: STANLEY, J.
Filed Date: 6/5/1883
Precedential Status: Precedential
Modified Date: 1/12/2023