Supreme Court of New Hampshire, 1890

Benton v. Goodale

Benton v. Goodale
Supreme Court of New Hampshire · Decided December 5, 1890 · Allen, Bingham
30 A. 1117; 66 N.H. 424

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.

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