Frost v. American Surety Co.
Massachusetts Supreme Judicial Court
Contract, for the benefit of Ada Alpert, against the surety on a bond given to the plaintiff as the treasurer of Chelsea by one Max Sherman, who was licensed by the mayor and aider-men of that city under R. L. c. 108, § 36, as a private detective.
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Contract, for the benefit of Ada Alpert, against the surety on a bond given to the plaintiff as the treasurer of Chelsea by one Max Sherman, who was licensed by the mayor and aider-men of that city under R. L. c. 108, § 36, as a private detective. Writ dated April 24, 1912. In the Superior Court the case was submitted to Hall, J., upon an agreed statement of facts, as follows: The bond sued upon was dated April 29, 1909. It was executed by Max Sherman as principal and by the defendant as surety. The amount of the penalty was $3,000 “to be paid unto the said treasurer of the City of Chelsea…
1Opinion of the CourtBraley, J.
The defendant is the surety on a bond given under R. L. c. 108, § 36, by a licensed private detective, and, judgment having been obtained against the principal for trespass, assault and slander, the bond, has been put in suit for the benefit of the plaintiff, the judgment creditor.
The first statutory reference to private detectives appears in the St. of 1879, c. 305, §§ 7, 8, entitled “An Act to constitute a district police, and to abolish the State detective force,” re-enacted without change in Pub. Sts. c. 103, §§ 7, 8, and in the R. L. c. 108, §§ 36, 37. See Commonwealth, v. Connolly, 97…
2Cases cited4 opinions
- State v. BennettSupreme Court of Missouri · 1890
- Skinner v. PhillipsMassachusetts Supreme Judicial Court · 1808
- City of Cambridge v. FosterMassachusetts Supreme Judicial Court · 1907
- Commonwealth v. ConnollyMassachusetts Supreme Judicial Court · 1867
3Cited by4 opinions
- Smith v. S. H. Kress & Co.Supreme Court of Alabama · 1923
- Guterman v. RiceCourt of Appeals for the First Circuit · 1941
- In re Rice Chocolate Co.District Court, D. Massachusetts · 1941
- Southwestern Surety Insurance v. MillerSupreme Court of Colorado · 1917