1936-04-21 - Laserfiche WebLink

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Hat eh claims. There was nothing in either of the deeds or the certificate of title which obligates him to pay the personal obligation of Fitzpatrick on a Water Guaranty Bond. When money is paid by mistake and an effort is made to recover, the Courts make a distinction between a mistake of Law and a mistake of fact, allowing reeovery in the latter ease only. Since the Town sent bills to Borden claiming that he owed the Town money, .which he paid, Mr. Wrightington thought it fair to treat the payment as being made under mistake of fact and to'refund the money and to seek the remedy from Fitzpatrick. Mr. Giroux moved that the totalamount paid by Reil H. Borden on the Fitzpatrick water guaranty for Watertown Street be refunded, the money to be paid from the Water Dept. Available Surplus Account. Mr. Ross seconded the motion and it was so voted. Letter was received from the Tax Collector stating that Mrs. Mary D. Hatch of 33 Watertown Street claimed that because the Town held up payment of land damages, interest in the amount of $9.38 accummulated on her real estate tax. She also claimed that the men have used the water at her house during the time work has been in progress on Clematis Brook and that considerable wood has been taken from the property. Mr. Scamman stated that if the Board saw fit to authorize the Assessors to abate the amount of interest on the tax, he thought that it would be justified in doing so if the claims were true. He suggested that if the Board did not wish to abate the interest charge against the property, a charge against the Clematis Brook construction of $9.38 bould be made out and that amount then ored.ited on the interest charge. Mr. Potter moved that the matter of using the water and wood be referred to the Supt. of Public Works for investigation and: report and that no action be taken on the matter of abatement of interest on the real estate tax. Mr. Ross seconded the motion and it was so voted, Letter was received from Joseph Fine stating that he had filed on behalf of Toros H. Bashian, a petition Bashian for probate of the will of Bedros H. Bashian. He will, enclosed a copy of citation relating to it as the Town was named as one of the legatees under the will. Mr. Potter moved that the matter be turned over to the Town Counsel, Mr. Ross seconded the motion and it was so voted. Letter was received from the Appropriation Committee Tower advising that that Board had voted to make the sum of Road $445.00 available from the Reserve Fund for Highway Construction, Tower Road, and to allow the money to be transferred as needed. Letter was received from the Appropriation Committee asking why the expenditure of $377, for the purchase of u J C�