Treasurer of City of Boston v. American Surety Co. of New York
Massachusetts Supreme Judicial Court
Contract for an alleged breach of a liquor license bond executed, in accordance with the provisions of R. L. c. 100, § 42, by Frank Marotta and Edward Tedeschi, doing business as Marotta and Tedeschi at 89 State Street in Boston, as principals, and by the defendant as surety.
Read the full summary
Contract for an alleged breach of a liquor license bond executed, in accordance with the provisions of R. L. c. 100, § 42, by Frank Marotta and Edward Tedeschi, doing business as Marotta and Tedeschi at 89 State Street in Boston, as principals, and by the defendant as surety. Writ in the Municipal Court of the City of Boston dated July 23, 1913. The breach of the bond alleged in the declaration was that Marotta and Tedeschi permitted disorder on the premises described on or about September 9, 1910, when the bond was in force, in that “Marotta allowed, permitted and caused disorder on said…
1Opinion of the CourtRugg, C. J.
This case was tried first before a judge of the Municipal Court of the City of Boston, who overruled the demurrer and ordered judgment for the plaintiff. The action of the trial judge was irregular, for by R. L. c. 173, § 17, he should have made "an order relative to the filing of an answer.” But in any event, upon the record of that court' as it stood, the case then was ripe for judgment, St. 1912, c. 649, § 8, and rightly was reported to the Appellate Division for review of the ruling of law thus made. The plaintiff’s appeal from the order of the Appel*509late Division that the demurrer ought…
2Cases cited5 opinions
- Loanes v. GastMassachusetts Supreme Judicial Court · 1913
- O'Connell v. O'LearyMassachusetts Supreme Judicial Court · 1887
- Cotter v. Nathan & Hurst Co.Massachusetts Supreme Judicial Court · 1912
- Howes v. MaxwellMassachusetts Supreme Judicial Court · 1892
- Day v. FrankMassachusetts Supreme Judicial Court · 1879
3Cited by4 opinions
- Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1925
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1930
- Patrick v. MikolaitisMassachusetts District Court, Appellate Division · 1961