Legal Opinion

City of Cambridge v. Fifield

Massachusetts Supreme Judicial Court

Decided March 17, 1879PublishedCited by 3 opinions

Contract against- Abiel F. Fifield, George W. Fifield and Israel Tibbetts, on a bond in the sum of $5000, dated May 7, 1867, executed to the plaintiff by the first-named defendant as principal, and the others as sureties, and containing the following condition: “ Whereas the said Abiel F. Fifield has been duly elected by the Cambridge water board water registrar, now if he shall well and faithfully perform the duties of said office, then this obligation shall be void and of…

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Contract against- Abiel F. Fifield, George W. Fifield and Israel Tibbetts, on a bond in the sum of $5000, dated May 7, 1867, executed to the plaintiff by the first-named defendant as principal, and the others as sureties, and containing the following condition: “ Whereas the said Abiel F. Fifield has been duly elected by the Cambridge water board water registrar, now if he shall well and faithfully perform the duties of said office, then this obligation shall be void and of no effect, otherwise shall be and remain in full force and effect.” Trial in this court, without a jury, before…

1Opinion of the CourtMorton, J.

By the ordinances of the city of Cambridge in force when the bond was executed, the Cambridge water board consisted of seven persons, the mayor and president of the common council being, ex officiis, members, the other five being elected by the city council, one being elected each year. City Ordinances of 1865, § 1. Section 3 of the Ordinances of 1867 provides that “ the water board shall elect a water registrar, who shall hold office during the pleasure of the board and shall receive such compensation as the board may determine. He shall give bonds in the sum of five thousand dollars for the…

2Cited by3 opinions

  1. Snattinger v. City of TopekaSupreme Court of Kansas · 1909
  2. Trustees of the Richardson School Fund in Attleborough v. DeanMassachusetts Supreme Judicial Court · 1881
  3. Commonwealth v. Reading Savings BankMassachusetts Supreme Judicial Court · 1880

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