Loring v. Bridge
Massachusetts Supreme Judicial Court
Assumpsit on a promissory note, made by the defendant to the plaintiff, as treasurer of the county of Somerset. The action came before the Court upon a state of facts agreed by the parties; from which it appeared that, in the year 1805, upon the application of sundry inhabitants of that part of the then county of Kennebeck, which has since been erected into the county of Somerset, to the Court of General Sessions of the county of Kennebeck, the said Court had caused to be…
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Assumpsit on a promissory note, made by the defendant to the plaintiff, as treasurer of the county of Somerset. The action came before the Court upon a state of facts agreed by the parties; from which it appeared that, in the year 1805, upon the application of sundry inhabitants of that part of the then county of Kennebeck, which has since been erected into the county of Somerset, to the Court of General Sessions of the county of Kennebeck, the said Court had caused to be laid out a public road through sundry unincorporated plantations, within the limits of the present county of Somerset. In…
1Opinion of the CourtSewall, J.
The Court decline entering upon the inquiries, whether the road was legally laid out, or the tax, for which the promissory note, declared on in this action, was given, was legally assessed. The state of facts will not justify a judicial decision against the consideration of the note, or the liability of the defendant upon it; for it appears that a legal and competent jurisdiction have exercised an authority intrusted with them, in *119laying out the road, and in the assessment of a tax for repairing it
Preston for the plaintiff.
These proceedings, at least in the latter instancé, are probably…
2Cited by4 opinions
- Fogel v. DussaultMassachusetts Supreme Judicial Court · 1886
- Robbins v. Town of BridgewaterSuperior Court of New Hampshire · 1834
- Small v. PennellSupreme Judicial Court of Maine · 1850
- Lyford v. DunnSupreme Court of New Hampshire · 1855