Legal Opinion

H. P. Hood & Sons v. Commonwealth

Massachusetts Supreme Judicial Court

Decided May 19, 1920PublishedCited by 9 opinions

Bill in equity, filed in the Supreme Judicial Court on February 4,1919, under St. 1918, c. 253, § 4; c. 255, § 7, for the abatement of a tax assessed upon the plaintiff’s income for the year ending January 31, 1918. The suit was heard by Carroll, J., upon an agreed statement of facts. Material facts are stated in the opinion. By order of the single justice, a final decree was entered dismissing the bill. The plaintiff appealed.

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Bill in equity, filed in the Supreme Judicial Court on February 4,1919, under St. 1918, c. 253, § 4; c. 255, § 7, for the abatement of a tax assessed upon the plaintiff’s income for the year ending January 31, 1918. The suit was heard by Carroll, J., upon an agreed statement of facts. Material facts are stated in the opinion. By order of the single justice, a final decree was entered dismissing the bill. The plaintiff appealed. Material portions of St. 1918, c. 253, are as follows: “Section 1. Every foreign corporation, as defined in section thirty-nine of Part III of chapter four hundred and…

1Opinion of the CourtRugg, C. J.

This is a bill in equity for the abatement of a tax assessed under St. 1918, c. 253. It is brought under St. 1918, c. 255, § 7, which is made applicable to taxes imposed under said c. 253, by § 4 thereof.

The plaintiff is a corporation organized under the laws of the State of Maine and having a usual place of business in Boston within this Commonwealth. Its principal business is the buying of milk in the country from farmers who make daily deliveries, the transportation of that milk to Boston and the sale of most of it there by daily deliveries to regular customers, who are either consumers or…

2Cases cited14 opinions

  1. Shaffer v. CarterSupreme Court of the United States · 1920
  2. United States v. E. C. Knight Co.Supreme Court of the United States · 1895
  3. United States Glue Co. v. Town of Oak CreekSupreme Court of the United States · 1918
  4. Crew Levick Co. v. PennsylvaniaSupreme Court of the United States · 1917
  5. Arkadelphia Milling Co. v. St. Louis Southwestern Railway Co.Supreme Court of the United States · 1919

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3Cited by9 opinions

  1. Koshland v. Columbia InsuranceMassachusetts Supreme Judicial Court · 1921
  2. Eaton, Crane & Pike Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1921
  3. Commissioner of Corporations & Taxation v. Ford Motor Co.Massachusetts Supreme Judicial Court · 1941
  4. Judson Freight Forwarding Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1922
  5. Quincy Oil Co. v. SylvesterMassachusetts Supreme Judicial Court · 1921

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