Baker v. Nashua
Supreme Court of New Hampshire
Assumpsit, to recover for services as police officers. Transferred from the January term, 1914, of the superior court by Kivel, J., on a bill of exceptions. After the rescripts in Pollard v. Gregg, ante, 190, and Baker v. Barry, ante, 198, were transmitted to the superior court, the plaintiffs amended both actions by making the city of Nashua a party defendant and by filing declarations in assumpsit.
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Assumpsit, to recover for services as police officers. Transferred from the January term, 1914, of the superior court by Kivel, J., on a bill of exceptions. After the rescripts in Pollard v. Gregg, ante, 190, and Baker v. Barry, ante, 198, were transmitted to the superior court, the plaintiffs amended both actions by making the city of Nashua a party defendant and by filing declarations in assumpsit. Upon a hearing, the court found (1) that the police commissioners acted in good faith and (2) were not guilty of a breach of trust, and (3) that the plaintiffs in both actions were entitled to…
1Per curiam
1. There was evidence from which it could be found that the police commissioners acted in good faith, both in removing the old officers and in appointing the new ones, and that they were not guilty of a breach of trust. The city therefore takes nothing by its first and second exceptions.
2. This is also true of its third exception, in so far as the right of the plaintiffs to recover is a question of fact. Since the commission acted in good faith in appointing the plaintiffs in the first action, they are entitled, in any permissible view of the law, to recover compensation as fixed by the…
2Cases cited3 opinions
- Andrews v. City of PortlandSupreme Judicial Court of Maine · 1887
- State ex rel. Worrell v. CarrIndiana Supreme Court · 1891
- Peterson v. BensonUtah Supreme Court · 1910
3Cited by5 opinions
- State Ex Rel. Godby v. HagerWest Virginia Supreme Court · 1970
- Lucier v. ManchesterSupreme Court of New Hampshire · 1922
- Irwin v. Jefferson CountySupreme Court of Alabama · 1934
- Dotson v. Cassia CountyIdaho Supreme Court · 1922
- Pollard Auto Co. v. NashuaSupreme Court of New Hampshire · 1921