Abbott v. Inhabitants of North Andover
Massachusetts Supreme Judicial Court
Contract. Writ dated April 14, 1886. The declaration contained two counts. The first count was on the following promissory note: “$ 5400. North Andover, May 3, 1879. One year after date, for value received, the town of North Andover, in the county of Essex and Commonwealth of Massachusetts, by their treasurer duly authorized, promise to pay to the order of Mrs. Lydia J. Abbott the sum of fifty-four hundred dollars, with interest at the rate of seven per cent per annum.
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Contract. Writ dated April 14, 1886. The declaration contained two counts. The first count was on the following promissory note: “$ 5400. North Andover, May 3, 1879. One year after date, for value received, the town of North Andover, in the county of Essex and Commonwealth of Massachusetts, by their treasurer duly authorized, promise to pay to the order of Mrs. Lydia J. Abbott the sum of fifty-four hundred dollars, with interest at the rate of seven per cent per annum. Andrew Smith, treasurer.” The second count'was on an account annexed for money lent by the plaintiff to the defendant in the…
1Opinion of the CourtC. Allen, J.
The note of May 3, 1879, cannot be supported as a valid indebtedness of the town. The St. of 1875, c. 209, which was then in force, provided that no debts should thereafter be incurred by any town, except, 1. for temporary loans in anticipation of the taxes for the year in which such debts are incurred, and of the year next ensuing, and expressly made payable therefrom by vote of the said city or town; 2. debts incurred by a vote of two thirds of the legal voters present and voting at a legal meeting; or, 3. debts contracted for purposes for which towns may lawfully expend money. The present…
2Cases cited3 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Hall v. LanningSupreme Court of the United States · 1875
- Agawam National Bank v. Inhabitants of South HadleyMassachusetts Supreme Judicial Court · 1880
3Cited by12 opinions
- Bates v. PrebleSupreme Court of the United States · 1894
- Brown v. City of NewburyportMassachusetts Supreme Judicial Court · 1911
- Wormstead v. City of LynnMassachusetts Supreme Judicial Court · 1903
- City of Newburyport v. Fidelity Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1908
- Franklin Savings Bank v. International Trust Co.Massachusetts Supreme Judicial Court · 1913
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