City of Camden v. Varney

The opinion of the court was delivered by

Collins, J.

The city of Camden, a municipal corporation,, sued to recover alleged overpayments of fees by its treasurer to its clerk. The defence was first, that the fees were paid upon a lawful exaction, and second, that their payment was voluntary through the order of the city council, with full knowledge of the facts and without fraud on either side. The trial judge directed a verdict in favor of the plaintiff.

It was decided by the unanimous judgment of this court in Demarest v. Inhabitants of New Barbadoes, 11 Vroom 604,. that a township committee…