Phelon v. Inhabitants of Granville
Massachusetts Supreme Judicial Court
Contract, to recover $182.87, for services performed for the defendant town as a temporary collector of taxes. Trial in the Superior Court, without a jury, before Brigham, C. J., who found the following facts: The defendant town, at its annual town meeting, on March 21, 1881, elected William C. Phelon to. be collector of taxes for the ensuing year, having previously, on the same day, voted to let the collection of taxes to the lowest bidder, and William C. Phelon having bid…
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Contract, to recover $182.87, for services performed for the defendant town as a temporary collector of taxes. Trial in the Superior Court, without a jury, before Brigham, C. J., who found the following facts: The defendant town, at its annual town meeting, on March 21, 1881, elected William C. Phelon to. be collector of taxes for the ensuing year, having previously, on the same day, voted to let the collection of taxes to the lowest bidder, and William C. Phelon having bid the collection of taxes for nine mills on a dollar for money actually collected. William C. Phelon failed to give the…
1Opinion of the CourtHolmes, J.
The statute requiring the appointment of a collector pro tempore to be made by a writing under the hands of the selectmen is not satisfied by a writing signed with the names of all by one selectman, in the absence of the others, and with no other authority than what is implied by their having agreed that the party should be appointed. Pub. Sts. e. 27, § 90. Reynolds v. New Salem, 6 Met. 340, 344. It is found as a fact, that there was no other authority in this case, and it is therefore unnecessary to consider whether a writing signed in the same way would have been valid even if the…
2Cases cited13 opinions
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Board of Auditors v. BenoitMichigan Supreme Court · 1870
- Hunter v. ChandlerSupreme Court of Missouri · 1870
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3Cited by12 opinions
- State ex rel. Cutts v. HartMontana Supreme Court · 1919
- City of Lawrence v. Commissioners of Public WorksMassachusetts Supreme Judicial Court · 1945
- In re PringleHawaii Supreme Court · 1915
- Gibbs v. ManchesterSupreme Court of New Hampshire · 1905
- Hulbert v. CraigNew York Supreme Court · 1925
7 more not listed; retrieve them via the Exa API.