Legal Opinion

Bradley v. Laconia

Supreme Court of New Hampshire

Decided June 5, 1890PublishedCited by 5 opinions

Assumpsit, to recover back money paid for taxes which the plaintiff claims were illegally assessed upon the parochial school property of the Catholic church in Laconia, from 1879 to 1888. inclusive.

1Opinion of the CourtClark, J.

The taxes which have been paid under the impression that the assessment was legal cannot be recovered back. The remedy was by an appeal from the assessment. Edes v. Boardman, 58 N. H. 580 ; Locke v. Pittsfield, 63 N. H. 122; Boody v. Watson, 64 N. H. 162, 187. Payments made under a mistake of law cannot be recovered back. Ladd v. Kenney, 2 N. H. 340 ; Webber v. Aldrich, 2 N. H. 461; Pinkham v. Gear, 3 N. H. 163, 168 ; Peterborough v. Lancaster, 14 N. H. 382; Evans v. Gale, 17 N. H. 573 ; Manchester v. Burns, 45 N. H. 482, 486 ; Bisp. Eq. (2d ed.) 244; Pom. Eq. Jur., s. 851. The payments were…

2Cases cited2 opinions

  1. Little v. BowersSupreme Court of the United States · 1890
  2. Railroad Co. v. CommissionersSupreme Court of the United States · 1879

3Cited by5 opinions

  1. State v. CorronSupreme Court of New Hampshire · 1905
  2. Pittsfield v. ExeterSupreme Court of New Hampshire · 1898
  3. Strafford Savings Bank v. ChurchSupreme Court of New Hampshire · 1899
  4. Coleman Bros. v. City of FranklinDistrict Court, D. New Hampshire · 1945
  5. Keazar v. Colebrook National BankSupreme Court of New Hampshire · 1909

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