Benton v. Goodale
30 A. 1117
| N.H. | 1890|
Check TreatmentThe 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. All action of debt for the penalty prescribed by Gen. Laws, c. 59, s. 18, was not the only remedy. Cardigan v. Page,
Judgment for the plaintiff.
BINGHAM, J., did not sit: the others concurred.