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TRUSTEES OF THE HAWES FUND IN BOSTON v. BOSTON

346 Mass. 26 (1963)

190 N.E.2d 118

TRUSTEES OF THE HAWES FUND IN BOSTON vs. CITY OF BOSTON.

Supreme Judicial Court of Massachusetts, Suffolk.

May 3, 1963.

Attorney(s) appearing for the Case

Raymond L. Cummings, for the plaintiff, submitted a brief.

William H. Kerr for the defendant.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, & SPIEGEL, JJ.

SPALDING, J.

This is an action of contract to recover back taxes paid pursuant to alleged illegal assessments on numerous parcels of real estate. The case was heard on a case stated and the judge ordered judgment for the defendant. The plaintiff appealed. G.L.c. 231, § 96.

The plaintiff is a corporation, the name of which is "Trustees of the Hawes Fund in Boston," hereinafter Hawes Fund. It was formed by special act (St. 1831, c. 55, § 1) to receive...

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