Sargent v. Little
Supreme Court of New Hampshire
Assumpsit, to recover money paid by the plaintiffs to the defendants, who constitute the state board of license commissioners. The cases were tried at the November term, 1903, of the superior court before Wallace, C. J., who found a verdict for the defendants in each, subject to the plaintiffs’ exceptions.
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Assumpsit, to recover money paid by the plaintiffs to the defendants, who constitute the state board of license commissioners. The cases were tried at the November term, 1903, of the superior court before Wallace, C. J., who found a verdict for the defendants in each, subject to the plaintiffs’ exceptions. May 12, 1903, the town of Lebanon voted to accept the provisions of chapter 95, Laws 1903, and to raise the license fee in each class to the maximum sum permitted by that act. On the ■same day the town of Enfield voted to accept the provisions of the act and to raise the fee for a…
1Opinion of the Court
Young, J.-
No action can be maintained against the license comminissioners as such to recover back either fees or forfeitures paid to their treasurer in the regular course of business, for there is no provision in the act which permits it. They are not a corporation, but public officers, and the treasurer of the board is the State so far as such money is concerned. Gross v. Commissioners, 68 N. H. 389; Laws 1903, c. 95, s. 10. Neither can an action be maintained against the defendants as individuals for any mistakes they may make in respect to issuing licenses. When they act on applications…
2Cases cited1 opinion
- Lange v. . BenedictNew York Court of Appeals · 1878
3Cited by10 opinions
- Everitt v. General Electric Co.Supreme Court of New Hampshire · 2007
- State v. CorronSupreme Court of New Hampshire · 1905
- Tilton v. DoughertySupreme Court of New Hampshire · 1985
- Stocker v. Boston & Maine RailroadSupreme Court of New Hampshire · 1928
- Sibson v. StateSupreme Court of New Hampshire · 1971
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