Legal Opinion

May v. City of Gloucester

Massachusetts Supreme Judicial Court

Decided November 29, 1899PublishedCited by 5 opinions

Contract, upon an account annexed, for keeping a pair of the plaintiff’s horses in the defendant’s engine house for use on a steam fire engine. At the trial in the Superior Court, before Richardson, J., the jury returned a verdict for the plaintiff; and both parties alleged exceptions. The facts appear in the opinion.

1Opinion of the CourtHolmes, C. J.

This is an action of contract upon an account annexed to recover $402 for keeping a pair of the plaintiff’s horses in an engine house of the defendant, from November 7, 1895, to March 23, 1896, for use on a steam fire engine. The defendant denies any authorized contract of hiring. By the Revised Ordinances of the city, c. 10, § 6, all incidental expenses of the department shall be under the direction of the joint standing committee of the city council on the fire department. By a joint rule of the city council for the years 1895 and 1896, joint standing committees are to keep records of their…

2Cases cited5 opinions

  1. McNeil v. Boston Chamber of CommerceMassachusetts Supreme Judicial Court · 1891
  2. Batchelder v. HutchinsonMassachusetts Supreme Judicial Court · 1894
  3. McCormick v. City of BostonMassachusetts Supreme Judicial Court · 1876
  4. Savoy v. DudleyMassachusetts Supreme Judicial Court · 1897
  5. Brackett v. MorseSupreme Court of Vermont · 1851

3Cited by5 opinions

  1. McGillivray v. Joint School District No. 1Wisconsin Supreme Court · 1901
  2. Cerwonka v. Town of SaugusMassachusetts Supreme Judicial Court · 1944
  3. Norton v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1902
  4. City of Lowell v. Lowell Building Corp.Massachusetts Supreme Judicial Court · 1941
  5. Attorney General v. Equitable Accident InsuranceMassachusetts Supreme Judicial Court · 1900

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