Seward v. Revere Water Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on February 13, 1908, by more than ten taxable inhabitants of the town of Revere under R. L. c. 25, § 100, against the Revere Water Company, a corporation, the town of Revere, the treasurer of that town, the members of the board of water commissioners of that town, and such holders of the water loan bonds of the town of Revere as might thereafter become parties.
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Bill in equity, filed in the Supreme Judicial Court on February 13, 1908, by more than ten taxable inhabitants of the town of Revere under R. L. c. 25, § 100, against the Revere Water Company, a corporation, the town of Revere, the treasurer of that town, the members of the board of water commissioners of that town, and such holders of the water loan bonds of the town of Revere as might thereafter become parties. The prayers of the bill were as follows: 1. That the contract of sale and purchase of all the property of the Revere Water Company dated April 15,1904, between that company and the…
1Opinion of the CourtBraley, J.
Irrespective of whether the demurrer could be sustained upon the ground of unreasonable delay of the plaintiffs in availing themselves of the statutory remedy, the bill fails to state a case for equitable relief.
The plaintiffs, while seeking to prevent an unlawful expenditure of the public funds, do not represent other taxpayers, nor are they authorized to act for the town. If by reason of alleged misrepresentations or constructive fraud on the part of the company, or of its officers or agents while lawfully acting for it, a right of rescission exists, it can be exercised, if at all, only by…
2Cases cited6 opinions
- Minot v. Inhabitants of West RoxburyMassachusetts Supreme Judicial Court · 1873
- Braintree Water Supply Co. v. Inhabitants of BraintreeMassachusetts Supreme Judicial Court · 1888
- Revere Water Co. v. Inhabitants of WinthropMassachusetts Supreme Judicial Court · 1906
- Sylvester v. WebbMassachusetts Supreme Judicial Court · 1901
- Inhabitants of Arlington v. PeirceMassachusetts Supreme Judicial Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Dealtry v. Selectmen of WatertownMassachusetts Supreme Judicial Court · 1932
- Commonwealth v. AlbertMassachusetts Supreme Judicial Court · 1940
- Amory v. Assessors of BostonMassachusetts Supreme Judicial Court · 1941
- Inhabitants of Revere v. Revere Water Co.Massachusetts Supreme Judicial Court · 1914