Cook v. City of Springfield
Massachusetts Supreme Judicial Court
Contract, on a quantum meruit, to recover $5,500 for services alleged to have been rendered to the defendant as license commissioner from June 1, 1896, to. December 1, 1901. Writ dated March 21, 1902. At the trial in the Superior Court before Lawton, J., the defendant tendered to the plaintiff compensation for his services at the rate of $5 a year, pursuant to the order of the city council mentioned in the opinion, with the plaintiff’s costs to the time of the tender.
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Contract, on a quantum meruit, to recover $5,500 for services alleged to have been rendered to the defendant as license commissioner from June 1, 1896, to. December 1, 1901. Writ dated March 21, 1902. At the trial in the Superior Court before Lawton, J., the defendant tendered to the plaintiff compensation for his services at the rate of $5 a year, pursuant to the order of the city council mentioned in the opinion, with the plaintiff’s costs to the time of the tender. The tender was declined. Thereupon the judge ordered a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtLoring, J.
The plaintiff was a license commissioner of the city of Springfield under St. 1894, c. 428, for a term beginning June 1, 1896, and ending May 31, 1902. By § 6 of that act it is provided that “ Each city shall pay its board of license commissioners such salaries as the city council, subject to the approval of the mayor, may from time to time establish,” and it is conceded that under that act the license commissioners were to be paid and were not to serve gratuitously.
In October, 1894, nearly two years before the plaintiff’s term of office began, the city council of Springfield passed an order…
2Cases cited4 opinions
- Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Walker v. CookMassachusetts Supreme Judicial Court · 1880
- Attorney General v. City CouncilMassachusetts Supreme Judicial Court · 1872
- Farnsworth v. Inhabitants of MelroseMassachusetts Supreme Judicial Court · 1877
3Cited by18 opinions
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- Bell v. Treasurer of CambridgeMassachusetts Supreme Judicial Court · 1941
- Commonwealth v. DoweMassachusetts Supreme Judicial Court · 1943
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1935
- Police Commissioner v. City of BostonMassachusetts Supreme Judicial Court · 1932
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