Friend v. Gilbert
Massachusetts Supreme Judicial Court
Petition, on July 20,1871, by ten and more taxable inhabitants of the town of Gloucester, under the Gen. Sts. c. 18, § 79. alleging that on May 22, 1869, the inhabitants in town meeting voted to build a new town house, appropriated $90,000 for the purpose, and chose Addison Gilbert and four others “ a building committee, to have in charge the building of the house , ” that on September 13,1869, the committee contracted in writing with Albert Currier, for him to build the…
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Petition, on July 20,1871, by ten and more taxable inhabitants of the town of Gloucester, under the Gen. Sts. c. 18, § 79. alleging that on May 22, 1869, the inhabitants in town meeting voted to build a new town house, appropriated $90,000 for the purpose, and chose Addison Gilbert and four others “ a building committee, to have in charge the building of the house , ” that on September 13,1869, the committee contracted in writing with Albert Currier, for him to build the house and furnish the labor and materials therefor, for the price of $78,000 ; that soon after-wards Currier, in his own…
1Opinion of the CourtMobtoft, J.
The power of towns to raise and appropriate money is derived wholly from statute. The statutes do not attempt to enumerate all the purposes for which money may be raised, but, after specifying some of the more prominent ones, provide that towns may grant and vote such sums as may be required “ for all other necessary charges arising therein.” Gen. Sts. c. 18, § 10. It is under this general provision that towns have the power to vote money for the erection of town houses. Stetson v. Kempton, 13 Mass. 272. The right to build carries with it by implication the power to make contracts, to waive…
2Cases cited1 opinion
- Stetson v. KemptonMassachusetts Supreme Judicial Court · 1816
3Cited by21 opinions
- Matter of Chapman v. . City of New YorkNew York Court of Appeals · 1901
- Wheelock v. City of LowellMassachusetts Supreme Judicial Court · 1907
- Cotter v. City of ChelseaMassachusetts Supreme Judicial Court · 1952
- Minot v. Inhabitants of West RoxburyMassachusetts Supreme Judicial Court · 1873
- Jensen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
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