Emery v. City of Lowell
Massachusetts Supreme Judicial Court
Contract for money had and received. Answer, a general denial. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on an agreed statement of facts in substance as follows : On March 28, 1876, the mayor and aldermen of the defendant city, at a regular meeting, under the power conferred by the St. of 1875, o. 99, passed a resolution to establish the fees for licenses under that statute, the fee for a license of the…
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Contract for money had and received. Answer, a general denial. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on an agreed statement of facts in substance as follows : On March 28, 1876, the mayor and aldermen of the defendant city, at a regular meeting, under the power conferred by the St. of 1875, o. 99, passed a resolution to establish the fees for licenses under that statute, the fee for a license of the first class (to sell liquors of any kind to be drunk on the premises) for innholders being placed at $200. On May 2,1876,…
1Opinion of the CourtSoule, J.
The plaintiffs paid the money which they sue for with a full knowledge of all the facts in the case. They recognize the well-established principle that money voluntarily paid *140with such knowledge cannot be recovered. They contend that the payment was not voluntary. Their argument is, that by the vote fixing the license fee at two hundred dollars, the vote to grant them a license, and their tender of the fee and demand for a license, a contract was made between them and the city which entitled them to a license at once; that there was a duty on the part of the city to license them; that the…
2Cited by16 opinions
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- Town of Phoebus v. Manhattan Social ClubSupreme Court of Virginia · 1906
- Custin v. City of ViroquaWisconsin Supreme Court · 1886
- City of Camden v. GreenSupreme Court of New Jersey · 1892
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