Clark v. Cushman
Massachusetts Supreme Judicial Court
This was a popular action of debt brought to recover of the defendant a penalty, not less than fifty dollars, nor greater than one hundred and seventy dollars, for * selling his [ * 506 ] own goods at public auction after sunset, he being a licensed auctioneer in the town of New Bedford in this county.
1Opinion of the Court
The cause was briefly spoken to by Tillinghast, for the plaintiff, and Whitman and Washburn, for the defendant, * after which the action was continued nisi for advisement, and [ * 507 ] *392the opinion of the Court was delivered at the following March term, in Suffolk, by
Parsons, C. J.
This action is founded on the statute of 1795, c. 8. By the first section, no person, unless he be licensed by the major part of the selectmen, shall sell any goods at auction, on pain of forfeiting a sum not exceeding six hundred dollars. And the selectmen, or a major part of them, at a meeting had for that…
2Cited by2 opinions
- Cheney v. CoughlinMassachusetts Supreme Judicial Court · 1909
- Damon v. Selectmen of FraminghamMassachusetts Supreme Judicial Court · 1907