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Benton v. Goodale
December 1, 1890 - Opinion
Case records
Open case page| Date | Record Text | Type | Party | |
|---|---|---|---|---|
| December 1, 1890 | Benton v. Goodale Current page | Opinion | Supreme Court | Reporter |
COÖS.
Benton v. Goodale.
One who is compelled to pay more than his share of the fees of a collector of taxes, to prevent a tax sale of his land (included with lands of other persons in an advertisement of sale), may recover the excess in assumpsit.
Assumpsit, against a tax-collector for excessive fees paid him by the plaintiff.
W. Heywood, for the plaintiff.
Ladd & Fletcher, for the defendant.
Allen, J.
The defendant was entitled to one dollar and no more “ for advertising ” all the lands included in a single advertisement, and the plaintiff was holden to pay no more than “ his just proportion ” of the defendant’s fees. G. L., c. 58, s. 15; c. 59, ss. 16, 17. The plaintiff’s payment of more than his share was not voluntary. He was compelled to pay what the defendant demanded to prevent a sale. An action of debt for the penalty prescribed by Gen. Laws, c. 59, s. 18, was not the only remedy. Cardigan v. Page, 6 N. H. 182, 193.
Judgment for the plaintiff.
Bingham, J., did not sit: the others concurred.