Benton v. Goodale

30 A. 1117, 66 N.H. 424

• Court: Supreme Court of New Hampshire
• Decided: December 5, 1890
• Status: Published

Opinion

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.