Action on the Case for Money had & received. Plea bon assumpsit.

It is agreed that Yale Todd the present defendant was a Soldier in the late American-Army and disabled by wounds received in the Actual Service of the United States, and that on the 3rd. day of May in the Year 1792 he appeared before the Honble John Jay William Cushing and Richard Law Esqrs then being Judges of the Circuit Court held at New Haven within and for the District of Connecticut on the day and year aforesd and then Sitting and Claiming to be Commissioners under an Act of the Congress of the United States Entitled [“]An Act to provide for the Settlement of the Claims of Widows and Orphans barr’d by the limitations heretofore Established and to regulate the Claims to invalid Pensions” and not as a Circuit Court and did shew Cause why he should be placed on the Pension list therein Mentioned and did produce the Exhibits and Vouchers provided in sd. Act as by sd. Exhibits and Vouchers at large on file may Appear And sd. Commissioners having Examined the Same did thereupon Certify in the words following (vizt.)

We the Subscribers Judges of the Circuit Court now Sitting at New Haven in and for Connecticut District as Commissioners designated in and in pursuance of the Act Entitled “An Act to provide for the Settlement of the Claims of Widows & Orphans barr’d by the limitations heretofore Establish’d & to regulate the Claims to invalid pensions[”] do Certify that Yale Todd of North Haven and District aforesd. Yeoman did personally appear before us at the Court house at New Haven aforesaid on the third day of May instant and did Shew Cause in the Manner directed by the Sd Act why he Should be placed on the Pension List therein mentioned. It appears to us that in the year 1775 he was a private in the Regiment then Commanded by the late General David Wooster in Capt. Peck’s Company— was with the rest of Sd Regiment ordered into Canada where by the hardships to which he was Exposed he Contracted a lameness which terminated in a fever sore or ulcerated leg for which on the 31st of Decr 1782 being Certified as an invalid he was discharged by his Excellency the Commander in Chief as appears by his discharge of that date. It also appears that his Sd leg is still greatly affected thereby and to Such a degree as almost Entirely to disqualify and disable him from pursuing his Usual Employment and day labor. It also appears that at the time of his Sd discharge he was a Matross in the Artillery Regiment of New York.

We are of Opinion that he ought to be placed on the Pension List that he ought to be paid at the rate of two third parts of his former Monthly Wages which we understand to have been Eight dollars & one third pr month and the Sum of one hundred & fifty dollars for arrears. Dated at New Haven this 3rd day of May 17921