Legal Opinion

Wenham v. Dodge

Massachusetts Supreme Judicial Court

Decided January 15, 1868PublishedCited by 2 opinions

Contract on Rufus A. Dodge’s bond dated Ma.y 7, 1866, given to the town of Wenham upon his appointment as town agent under the Gen. Sts. c. 86, § 17; the condition thereof being that the agent “ shall in all respects conform to the provisions of law relating to the business for which he is appointed, and to such rules and regulations as now are or shall from time to time be established by the board making the appointment;” and the breach alleged being that he did not keep…

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Contract on Rufus A. Dodge’s bond dated Ma.y 7, 1866, given to the town of Wenham upon his appointment as town agent under the Gen. Sts. c. 86, § 17; the condition thereof being that the agent “ shall in all respects conform to the provisions of law relating to the business for which he is appointed, and to such rules and regulations as now are or shall from time to time be established by the board making the appointment;” and the breach alleged being that he did not keep accounts conforming to § 20.* At the trial in the superior court, before Ames, C. J., the plaintiffs put in evidence a…

1Opinion of the CourtHoar, J.

This action is upon a bond given by the defendant Dodge and his sureties to the inhabitants of the town of Wen-ham, upon his appointment as agent of the town for the sale of spirituous and intoxicating liquors, under the provisions of Gen. Sts. c. 86, §§ 17-23. The bond is in the form prescribed by the statute in § 18; and the material part of the condition is, that the agent “ shall, in all respects, conform to the provisions of law relating to the business for which he is appointed.” By § 20, the agent is required to keep an account of all liquors purchased by him, specifying certain…

2Cited by2 opinions

  1. Stone v. HutchinsonHawaii Supreme Court · 1878
  2. In re WightmanCuyahoga County Probate Court · 1904

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