Inhabitants of Arlington v. Peirce
Massachusetts Supreme Judicial Court
Contract for money bad and received, alleged to have been ,illegally paid tbe defendant by the treasurer Jl the plaintiff town. At the trial in this court, before Morton, J., certain votes of the town were put in evidence, passed in 1871 and 1872, to execute the powers conferred upon the town by the Sts. of 1870, c. 93, and 1871, c. 245, for supplying its inhabitants with pure water.
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Contract for money bad and received, alleged to have been ,illegally paid tbe defendant by the treasurer Jl the plaintiff town. At the trial in this court, before Morton, J., certain votes of the town were put in evidence, passed in 1871 and 1872, to execute the powers conferred upon the town by the Sts. of 1870, c. 93, and 1871, c. 245, for supplying its inhabitants with pure water. By these votes a committee was appointed, of which the defendant was a member, and its powers and duties defined. On June 13, 1873, the defendant presented a bill to the town treasurer, to the amount of $2000,…
1Opinion of the CourtGray, C. J.
The defendant was not a public officer appointed or elected under the statutes of the Commonwealth; but was one of a committee appointed by the town to execute the powers conferred upon the.town by the Sts. of 1870, e. 93, and 1871, c. 245, for supplying its inhabitants with pure water It was clearly within the power of the town to compensate the members of this committee for their services. The intention and agreement of the town to make such compensation might he shown either by previous vote, or by subsequent action ratifying and confirming the doings of the committee or of other agents or…
2Cases cited3 opinions
- Hall v. Inhabitants of HoldenMassachusetts Supreme Judicial Court · 1874
- Stimpson v. Inhabitants of MaldenMassachusetts Supreme Judicial Court · 1872
- Parks v. Inhabitants of WalthamMassachusetts Supreme Judicial Court · 1876
3Cited by12 opinions
- Bloomfield v. Charter Oak BankSupreme Court of the United States · 1887
- Hall v. HendersonSupreme Court of Alabama · 1899
- First National Bank v. DrakeSupreme Court of Kansas · 1883
- Scott v. Trustees of the First Free Methodist ChurchMichigan Supreme Court · 1883
- Duggan v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1905
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