Murdock v. Trustees of Phillips Academy
Massachusetts Supreme Judicial Court
Assumpsit to recover the salary of the plaintiff as Brown professor of sacred rhetoric' and ecclesiastical history in the Theological Seminary in Phillips Academy in Andover. The parties stated a case.
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Assumpsit to recover the salary of the plaintiff as Brown professor of sacred rhetoric' and ecclesiastical history in the Theological Seminary in Phillips Academy in Andover. The parties stated a case. The plaintiff was inaugurated into the office of Brown professor, on the 19th of June, 1819. He was to receive from the day of his inauguration a salary of $ 1500 a year during his continuance in that office, if the fund of $ 25,000 yielded that amount of income, and if not, then as much as it should yield. The plaintiff continued in office until the judgment of this Court affirming the…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. This is an action of assumpsit, in which the plaintiff claims to recover his salary as a professor in the theological institution of Phillips Academy at Andover, from the time at which the trustees passed a vote, removing him from office, to the final decision of this Court on his appeal. 7 Pick. 303. The question comes before the Court upon a statement of facts provisionally agreed to by the parties, that is, so far as they are legal and competent evidence.
Many of the points of law, involved in the present inquiry, were incidentally discussed and…
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