Legal Opinion

Gilbert v. Berlin

Supreme Court of New Hampshire

Decided June 28, 1912PublishedCited by 1 opinion

Assumpsit, to recover $12.32 paid for 616 miles travel from Berlin to Concord and $14 paid for hotel charges. Trial by the court. Transferred from the December term, 1911, of the superior court by Pike, J., on an agreed statement of facts.

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Assumpsit, to recover $12.32 paid for 616 miles travel from Berlin to Concord and $14 paid for hotel charges. Trial by the court. Transferred from the December term, 1911, of the superior court by Pike, J., on an agreed statement of facts. The items of expense which the plaintiff seeks to recover were incurred in attending a hearing before the governor and council in December, 1909. The plaintiff was then a member of the board of police commissioners of the city of Berlin, having been appointed under chapter 160, Laws of 1905. September 30,1909, charges were preferred by the city council of…

1Opinion of the CourtBingham, J.

The plaintiff, a police commissioner of the city of Berlin, brings this action against the city to recover certain items of expense incurred by him in attending a hearing before the governor and council upon charges preferred by the city council against him and his associates, asking for their removal from office because of official misconduct. The plaintiff did not attend the hearing as a witness for the city, but at his own instance and in response to a notice of the hearing given him by the govenor and council. The charges were not sustained.

The plaintiff bases his right to recover (1)…

2Cases cited4 opinions

  1. Matter of Chapman v. . City of New YorkNew York Court of Appeals · 1901
  2. Flood v. LeahyMassachusetts Supreme Judicial Court · 1903
  3. Lawrence v. McAlvinMassachusetts Supreme Judicial Court · 1872
  4. Hixon v. Inhabitants of SharonMassachusetts Supreme Judicial Court · 1906

3Cited by1 opinion

  1. Board of Chosen Freeholders v. CondaNew Jersey Superior Court Appellate Division · 1978

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