Legal Opinion

Lenox v. City of Medford

Massachusetts District Court, Appellate Division

Decided March 4, 1953Published

1Opinion of the CourtGadsby, P. J.

This is an action of contract in which the plaintiff seeks to recover $662.07 under Count 1 for payments which she says were due from October 16, 1951 to February 21, 1952 on ac-count of an annuity which she alleges was granted and voted her “By the appropriate public authority” of the City of Medford under the provisions of Chapter 32 Sections 89-89A. In Count 2 plain-tiff alleges that the defendant owes her the sum of $662.07 for money had and received, plaintiff set-ting forth that both counts are for the same cause of action.

The answer is a general denial and a plea of ultra vires.

The…

2Cases cited11 opinions

  1. United States v. TellerSupreme Court of the United States · 1883
  2. Caires v. Building CommissionerMassachusetts Supreme Judicial Court · 1949
  3. Quinlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1946
  4. Cook v. City of SpringfieldMassachusetts Supreme Judicial Court · 1903
  5. County Commissioners v. Mayor of NewburyportMassachusetts Supreme Judicial Court · 1925

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