Legal Opinion

Brown v. Inhabitants of Nahant

Massachusetts Supreme Judicial Court

Decided January 27, 1913PublishedCited by 10 opinions

Contract to recover from the town of Nahant money paid in the years 1904, 1905 and 1906 for licenses to sell intoxicating liquors at the Tri-Mountain House, alleged to have been in a United States reservation and not in the town of Nahant during those years.

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Contract to recover from the town of Nahant money paid in the years 1904, 1905 and 1906 for licenses to sell intoxicating liquors at the Tri-Mountain House, alleged to have been in a United States reservation and not in the town of Nahant during those years. Writ dated November 19, 1908. In the Superior Court the case was submitted to Bell, J., upon an agreed statement of facts, which included the following: By St. 1902, c. 373, the consent of the Commonwealth was granted to the United States to acquire by purchase or condemnation a tract of land in the town of Nahant containing about…

1Opinion of the CourtSheldon, J.

The plaintiff seeks to recover from the defendant town certain sums of money which he avers he paid to the defendant, in three successive years, for licenses to sell intoxicating liquor granted by it to him. See R. L. c. 100, and the acts in amendment thereof. His claim is that he paid his money to the defendant and took the licenses from it under a mistake of fact, in that he supposed that the building specified in the licenses was a part of the defendant town and that the town had jurisdiction and authority to grant the licenses for sales to be made in that building, whereas in fact the…

2Cases cited11 opinions

  1. Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
  2. Palmer v. BarrettSupreme Court of the United States · 1896
  3. Town of Brazil v. KressIndiana Supreme Court · 1876
  4. Custin v. City of ViroquaWisconsin Supreme Court · 1886
  5. McGinnis v. Inhabitants of MedwayMassachusetts Supreme Judicial Court · 1900

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3Cited by10 opinions

  1. Burgess v. Mayor of BrocktonMassachusetts Supreme Judicial Court · 1920
  2. Commonwealth v. DoweMassachusetts Supreme Judicial Court · 1943
  3. Rosenfeld v. Boston Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1915
  4. Mueller v. Commissioner of Public HealthMassachusetts Supreme Judicial Court · 1940
  5. Warburton v. City of QuincyMassachusetts Supreme Judicial Court · 1941

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