Libbey v. City of Lawrence
Massachusetts Supreme Judicial Court
Contract upon an account annexed for a balance alleged to be due for services as a police officer of the defendant. Answer, a general denial-. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on an agreed statement of facts in substance as follows : The plaintiff was duly appointed a police officer of the defendant on January 7, 1877, at the commencement of the municipal year, and was detailed for and performed…
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Contract upon an account annexed for a balance alleged to be due for services as a police officer of the defendant. Answer, a general denial-. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on an agreed statement of facts in substance as follows : The plaintiff was duly appointed a police officer of the defendant on January 7, 1877, at the commencement of the municipal year, and was detailed for and performed regular patrol duty as night watchman until the appointment of a new police force upon the organization of the city…
1Opinion of the CourtGray, C. J.
We do not find it necessary to consider the . question, argued at the bar, of the validity of the order of the mayor and aldermen of February 12, 1877; for the plaintiff has been paid at the rate mentioned in that order; there is no evidence before us of the value of his services; and the joint resolution passed by the city council in December 1875 fixed the compensation of officers for the year 1876 only, and he does not therefore show himself to be entitled to recover the compensation therein named for services performed in 1877, and, by the terms of the case stated, cannot maintain his…
2Cited by1 opinion
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