City of New London v. Howe
Supreme Court of Connecticut
Action to recover moneys alleged to be due the plaintiff under an ordinance of the city of New London relative to auctioneers and requiring payment by the defendant, a licensed auctioneer, of a percentage on the gross amount of his sales, brought to and reserved by the Superior Court in New London County, Wébb, J., upon a demurrer to the complaint, for the advice of this court.
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Action to recover moneys alleged to be due the plaintiff under an ordinance of the city of New London relative to auctioneers and requiring payment by the defendant, a licensed auctioneer, of a percentage on the gross amount of his sales, brought to and reserved by the Superior Court in New London County, Wébb, J., upon a demurrer to the complaint, for the advice of this court. The complaint states the following facts: The defendant was an auctioneer licensed under an ordinance of the plaintiff City, made a part of the complaint. As a condition precedent to the issuing of a license to him, he…
1Opinion of the CourtPrentice, C. J.
The complaint contains two counts, the first upon a city ordinance, and the second upon a bond given by the defendant to the City in compliance with the ordinance. The first seeks to recover the sum of $5,200 claimed to be due as an auctioneer’s fee computed in accordance with the terms of the ordinance, and the second for damages resulting from a breach or breaches of the bond’s conditions. The demurrer runs to the complaint as an entirety. The stipulation filed by the counsel, however, agrees that it may be regarded as a demurrer to each count separately.
Counsel appear to be in accord in…
2Cases cited5 opinions
- State v. ConlonSupreme Court of Connecticut · 1895
- Welch v. HotchkissSupreme Court of Connecticut · 1872
- State v. CederaskiSupreme Court of Connecticut · 1908
- State v. GlavinSupreme Court of Connecticut · 1895
- City of New Haven v. New Haven Water Co.Supreme Court of Connecticut · 1876
3Cited by4 opinions
- Karen v. Town of East HaddamSupreme Court of Connecticut · 1959
- State Ex Rel. Adams v. CrawfordSupreme Court of Connecticut · 1923
- Century Brewing Co. v. City of SeattleWashington Supreme Court · 1934
- Dern v. HitshewWyoming Supreme Court · 1932