Boston Five Cents Savings Bank v. City of Boston

This is an action of contract or tort for reimbursement to the amount of an abatement on a real estate" tax which had been paid by the plaintiff bank. The defendant city refused to pay the abatement in full, asserting a right to withhold the amount of unpaid taxes on another parcel of real estate. See G. L. (Ter. Ed.) c. 59, § 69, as amended by St. 1939, c. 366, § 3; G. L. (Ter. Ed.) *184c. 60, § 98. The case was heard upon a case stated by a judge, who “found” for the bank in the lesser amount admittedly due. This was in effect an order for judgment. Edinburg v. Alien-Squire Co. 299 Mass. 206,…