Treasurer of City of Boston v. Schapero
Massachusetts Supreme Judicial Court
Contract by the treasurer of the city of Boston, for the benefit of one Abraham Leavitt, a judgment creditor, upon a joint and several bond given with a surety by the defendant Schapero as a constable of the city of Boston. Writ dated August 7, 1912. The defendants demurred to the writ and declaration, and also filed a plea in abatement.
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Contract by the treasurer of the city of Boston, for the benefit of one Abraham Leavitt, a judgment creditor, upon a joint and several bond given with a surety by the defendant Schapero as a constable of the city of Boston. Writ dated August 7, 1912. The defendants demurred to the writ and declaration, and also filed a plea in abatement. The causes assigned for demurrer were as follows: “1. Because the plaintiff does not set forth any right or cause of action substantially in accordance with the practice act. “2. Because said alleged cause of action does not entitle the plaintiff to recover.…
1Opinion of the CourtBraley, J.
The plaintiff, having recovered judgment against the defendant Schapero for the conversion of certain personal property wrongfully attached by him as a constable in the service of civil process, brings this action under the provision of the R. L. c. 25, § 90, and c. 26, § 14, for breach of his official bond. Crocker v. Buttrick, 187 Mass. 461. It is admitted, that the judgment remains wholly unsatisfied. But as execution issued and the plaintiff has sued before the time for its return expired, the defendants, relying on Adams v. Cummiskey, 4 Cush. 420, contend that the action has been…
2Cases cited16 opinions
- Tapley v. GoodsellMassachusetts Supreme Judicial Court · 1877
- Cutter v. EvansMassachusetts Supreme Judicial Court · 1874
- Fay v. SearsMassachusetts Supreme Judicial Court · 1872
- Harmon v. WestonMassachusetts Supreme Judicial Court · 1913
- Chesebro v. BarmeMassachusetts Supreme Judicial Court · 1895
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3Cited by4 opinions
- Lake County v. Massachusetts Bonding & Insurance Co.Court of Appeals for the Fifth Circuit · 1935
- Commissioner of Banks v. Cosmopolitan Trust Co.Massachusetts Supreme Judicial Court · 1924
- Giatas v. DemoulosMassachusetts Supreme Judicial Court · 1930
- L. B. Price Mercantile Co. v. ReddSupreme Court of South Carolina · 1957