Tobey v. County of Bristol
U.S. Circuit Court for the District of Massachusetts
This was a bill in equity. The hill was amended at different times, and, as amended, in substance stated, that in the year 183S, Jonathan Tobey made a contract with the said county of Bristol, whereby he undertook to work, build and construct a public road in the said county, from the town of Taunton to the town of New Bedford, in consideration of a sum of money to be paid to the plaintiff by the said county, which contract was first made in behalf of the said county by…
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This was a bill in equity. The hill was amended at different times, and, as amended, in substance stated, that in the year 183S, Jonathan Tobey made a contract with the said county of Bristol, whereby he undertook to work, build and construct a public road in the said county, from the town of Taunton to the town of New Bedford, in consideration of a sum of money to be paid to the plaintiff by the said county, which contract was first made in behalf of the said county by their commissioners of highways, who at the same time engaged that the said road had been duly located by them, and the…
1Opinion of the Court
STORY, Circuit Justice.
On the 30th of March, 1839, the legislature of Massachusetts passed the following resolve on the petition of Jonathan Tobey, the plaintiff in the present suit. “Resolved, for reasons set forth in the said petition, that the county commissioners of the county of Bristol be authorized to examine the claims, which the said Jonathan Tobey alleges he has against the said county, and for which he has no legal or equitable remedy, and to make him such allowances therefor as to them may seem expedient, just and right; and the said commissioners are further authorized, if they…
2Cited by42 opinions
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- Guaranty Trust and Safe Deposit Co. v. Green Cove Springs and Melrose RailroadSupreme Court of the United States · 1891
- Karrick v. HannamanSupreme Court of the United States · 1897
- United States Asphalt Refining Co. v. Trinidad Lake Petroleum Co.District Court, S.D. New York · 1915
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