Benton v. Goodale

Supreme Court of New Hampshire
Benton v. Goodale, 30 A. 1117 (N.H. 1890)
66 N.H. 424
Allen, Bingham

Benton v. Goodale

Opinion of the Court

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.

Reference

Full Case Name
Benton v. Goodale.
Cited By
3 cases
Status
Published