Opinion

Inhabitants of Duxbury v. County Commissioners

  • 172 Mass. 383
  • 52 N.E. 535
  • 1899 Mass. LEXIS 794
Court
Massachusetts Supreme Judicial Court
Filed
Jan 6, 1899
Status
Published
Author
Field
On the bench
Field
Cited by
1 cases
Authority
More cited than 54.3%

The opinion

Field, C. J.

We are of opinion that the partnership of Lot Phillips and Company had a place of business in Duxbury, and that the personal property employed in that business was rightly taxed to the partnership in Duxbury, under Pub. Sts. c. 11, § 24. If the partners had been accustomed to sell at the mill in Duxbury the boards and slabs which they sawed from logs in the “ permanent sawmill, dam, and mill privilege ” which they owned there, we should have no doubt that they were engaged in business there within the meaning of the section. The fact that the boards sawed were box boards and were mainly used by the partners in the manufacture of boxes at their box factory in Hanover does not, we think, change the principle. The section provides that, “ If partners have places of business in two or more towns, they shall be taxed in each of such places for the proportion of property employed therein.” See Barker v. Watertown, 137 Mass. 227 .

It is unnecessary to consider whether the property was taxable in Duxbury under Pub. Sts. c. 11, § 20, cl. 1.

Writ of certiorari to issue.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.