Legal Opinion

Pollard Auto Co. v. Nashua

Supreme Court of New Hampshire

Decided December 6, 1921PublishedCited by 1 opinion

Assumpsit, to recover the price of an automobile ordered on behalf of the city by its police commission. Trial by jury and verdict for the plaintiff. No appropriation for this purpose had been made by the city government, and the bill approved by the commission was not approved by the finance committee of the city government or by the mayor.

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Assumpsit, to recover the price of an automobile ordered on behalf of the city by its police commission. Trial by jury and verdict for the plaintiff. No appropriation for this purpose had been made by the city government, and the bill approved by the commission was not approved by the finance committee of the city government or by the mayor. The commission acted in good faith in making the purchase, and have caused the automobile to be used in their department since they contracted for it as above stated. The jury found that the car was a reasonably necessary piece of equipment for the police…

1Opinion of the CourtPeaslee, J.

The act creating a police commission for Nashua provides in terms that “the total amount expended for the maintenance of said police force shall at no time exceed the amount appropriated for that purpose by the city councils.” Laws 1891, c. 208, s. 8. The provisions of Laws 1913, chapter 148, section 4, that the commission may appoint such police officers as it deems necessary and fix their compensation, repealed the former act only in so far as it is inconsistent with the later statute. Pollard v. Gregg, 77 N. H. 190. As to how much shall be expended for the pay of the police force “the…

2Cases cited4 opinions

  1. Broderick v. HuntSupreme Court of New Hampshire · 1913
  2. Clough v. VerretteSupreme Court of New Hampshire · 1920
  3. Pollard v. GreggSupreme Court of New Hampshire · 1914
  4. Baker v. NashuaSupreme Court of New Hampshire · 1914

3Cited by1 opinion

  1. City of Ft. Pierce v. Scofield Engineering Co.Court of Appeals for the Fifth Circuit · 1932

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