Brophy v. Marble
Massachusetts Supreme Judicial Court
Contract on an account annexed to recover $227.30 for inspecting petroleum. The declaration also contained a count alleg.ng that the plaintiff was duly appointed and qualified as an inspector of petroleum in the city of Worcester, that his compensation was duly fixed at ten cents per barrel, and that he inspected for the defendants, from March, 1873, to October 1,1874, 2273 barrels, according to the account annexed; and a count upon a quantum meruit, alleging that such…
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Contract on an account annexed to recover $227.30 for inspecting petroleum. The declaration also contained a count alleg.ng that the plaintiff was duly appointed and qualified as an inspector of petroleum in the city of Worcester, that his compensation was duly fixed at ten cents per barrel, and that he inspected for the defendants, from March, 1873, to October 1,1874, 2273 barrels, according to the account annexed; and a count upon a quantum meruit, alleging that such inspection was made at the defendants’ request. At the trial in the Central District Court of Worcester, the plaintiff, to…
1Opinion of the CourtGray, C. J.
The St. of 1869, c. 152, § 1, authorized the mayor and aldermen to appoint one or more persons to be inspectors of petroleum, and to “ fix their compensation, to be paid by persons requiring their services under the provisions of this statute.” This authorizes the exaction of fees from such persons, only for the purpose of compensating the inspector, and not for the benefit of the city treasury — differing in this respect from the statutes under which Boston v. Schaffer, 9 Pick. 415, was decided.
The order of the mayor and aldermen of June, 1872, authorizing the inspector to-collect certain…
2Cases cited3 opinions
- Converse v. United StatesSupreme Court of the United States · 1859
- Andrews v. United StatesU.S. Circuit Court for the District of Massachusetts · 1842
- New Haven & Northampton Co. v. HaydenMassachusetts Supreme Judicial Court · 1875
3Cited by9 opinions
- Riopel v. City of WorcesterMassachusetts Supreme Judicial Court · 1912
- Coggeshall v. ConnerSupreme Court of Oklahoma · 1912
- Hartley v. Inhabitants of GranvilleMassachusetts Supreme Judicial Court · 1913
- Baldwin v. KounsSupreme Court of Alabama · 1886
- Driscoll v. City of MedfordMassachusetts Supreme Judicial Court · 1952
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